Amendments  to  Constitution 


'Mfvr 


and 


wmin 


Proposed  Statutes 


with 


Arguments  Respecting  the  Same 


To  be  Submitted  to  the  Electors  of  the  State  of  California  at  the 

General  Election  on 


TUESDAY,  NOVEMBER  7,  1916 

p 


Index,  ballot  titles  with  numbers,  and  certificate  appear  in  last  pages 
Proposed  changes  in  provisions  are  printed  in  black-faced  type 
Provisions  proposed  to  be  repealed  are  printed  in  italics 


CERTIFIED  BY  THE  SECRETARY  OF  STATE 
AND  PRINTED  AT  THE  STATE 
PRINTING  OFFICE 

1916 


PROHIBITION.  Initiative  measure  adding  Article  XXIV  to  Constitution. 

Defines  alcoholic  liquor.  After  January  1, 1920,  prohibits  VT?Q 
the  manufacture,  sale  or  possession  of  same,  except  for  medicinal,  sacramental,  k 
scientific  and  mechanical  purposes  under  restrictions  prescribed  by  law.  Pre- 
scribes and  authorizes  penalties.  Declares  payment  of  Internal  Revenue  tax  

1 prima  facie  evidence  of  violation.  Declares  this  amendment  shall  not  affect 
prohibitory  liquor  laws,  or  ordinances,  enacted  before  such  date,  or  be  construed 
as  in  conflict  with  Article  XXIV-A  of  Constitution  if  latter  article  is  adopted, 
and  that  this  amendment  supersedes  that  article  on  that  date. 


The  electors  of  the  State  of  California  present 
) the  secretary  of  state  this  petition,  and  re- 
uest  that  a proposed  amendment  to  the  Consti- 
ltion  of  the  State  of  California,  adding  thereto 

new  article,  to  be  known  and  numbered  as 
rticle  twenty-four,  as  hereinafter  set  forth,  be 
nbmitted  to  the  people  of  the  State  of  California 
)r  their  approval  or  rejection,  at  the  next  ensu- 
lg  general' election,  or  as  provided  by  law.  The 
roposed  amendment  is  as  follows: 
he  people  of  the  State  of  California  do  enact 
as  follows: 

A new  article  is  hereby  added  to  the  Constitu- 
on  of  the  State  of  California,  to  be  known  and 
umbered  as  Article  XXIV,  in  the  following 
ords : 

Proposed  Amendment. 

ARTICLE  XXIV. 

Section  1.  After  January  1,  1920,  no  alcoholic 
quor  shall  be  manufactured,  kept  or  sold  in,  or 
b introduced  into,  or  be  received  within,  the 
tate  of  California,  except  for  medicinal,  sacra- 
lental,  scientific  or  mechanical  purposes,  and  for 
ich  excepted  purposes  only  under  such  restric- 
ons  as  are  now,  or  shall  hereafter  be,  provided 
y law. 

Section  2.  The  term  “alcoholic  liquor,”  as  used 
l this  article,  shall  include  spirituous,  vinous 
nd  malt  liquors  and  any  other  liquor  or  mixture 
f liquors  which  contains  more  than  one-half  of 
tie  per  cent  by  volume  of  alcohol,  and  which  is 
Dt  so  mixed  with  other  drugs  as  to  prevent  its 
se  as  a beverage. 

Section  3.  Any  person,  whether  acting  as  prin- 
pal,  agent,  employee  or  otherwise,  violating  any 
rovision  of  this  article,  shall  be  punished  by 
fine  not  exceeding  one  thousand  dollars 
$1000.00)  or  by  imprisonment  in  the  county  jail 
ot  exceeding  twelve  months,  or  by  both  such  fine- 
nd  imprisonment ; but  any  person  found  guilty 
f violating  any  provision  of  this  article  by  con- 
Lction  for  an  offense  committed  after  a previous 
onviction  under  this  article,  shall  be  punished 
y a fine  of  not  less  than  two  hundred  dollars 
$200.00)  nor  more  than  twenty-five  hundred 
ollars  ($2500.00)  and  by  imprisonment  in  the 
aunty  jail  for  not  less  than  thirty  days  nor  more 
lan  one  year.  All  alcoholic  liquors  found  in  the 
ossession  of  any  person  convicted  of  violating 
his  article  shall  be  destroyed.  Additional  pen- 
lties  may  be  imposed  by  law. 

Section  4.  The  payment  of  the  internal 
evenue  special  tax,  required  of  liquor  dealers 
y the  United  States,  by  any  person  or  persons, 
ther  than  registered  pharmacists  and  manufac- 
arers  of  alcoholic  liquors,  shall  be  prima  facie 


evidence  that  such  person  or  persons  are  ‘keeping 
and  selling  alcoholic  liquors  in  violation  of  this 
article,  and  in  any  prosecution  under  this  article 
a certificate  from  the  collector  of  internal 
revenue,  or  from  any  of  his  deputies  or  agents, 
showing  that  such  tax  has  been  paid  by  the 
defendant,  either  alone  or  in  association  with 
others,  shall  be  sufficient  evidence  of  the  payment 
of  such  tax.^ 

Section  5.  Nothing  in  this  article  shall  be  so 
construed  as  to  repeal,  or  in  any  way  affect  the 
force  or  validity  of  any  provision  of  any  law  or 
ordinance  now  in  force  or  enacted  prior  to  Jan- 
uary 1,  1920,  which  prohibits  the  manufacture, 
sale,  giving  away  or  delivery  of  any  alcoholic 
liquor ; nor  shall  this  article  be  construed  as  in 
conflict  with  another  amendment  to  the  Constitu- 
tion of  the  State  of  California,  which  adds  thereto 
a new  article  to  be  known  as  Article  XXIV-A, 
and  which  prohibits  all  sale  of  alcoholic  liquors 
after  January  1,  1918,  except  by  pharmacists  and 
manufacturers  under  certain  restrictions,  if  said 
amendment  is  adopted  at  the  same  time  as  this 
is  adopted ; it  being  the  intention  that  this 
amendment  shall  supersede  such  other  amend- 
ment on  January  1,  1920,  and  not  until  then. 

ARGUMENT  IN  FAVOR  OF  PROHIBITION 
AMENDMENT,  DESIGNATED  AS  NO.  1. 

This  amendment  provides  for  prohibition  be- 
ginning in  1920.  It  gives  interested  persons 
time  to  adjust  themselves  to  the  new  policy. 

It  does  not  interfere  with  making  or  selling 
liquors  for  medicinal,  scientific  or  sacramental 
uses. 

Alcohol  is  a narcotic  poison.  Its  use  injures 
body,  mind  and  character.  It  is  a race-poison, 
which  unfits  for  fatherhood  and  motherhood. 
Prohibition  means  better  babies  and  a better 
race. 

The  liquor  traffic  is  essentially  wasteful.  Its 
overthrow  means  material  as  well  as  moral 
gain.  Experience  in  other  states  proves  that 
prohibition  is  desirable  and  practicable.  The 
Seattle  “Times”  and  Spokane  “Chronicle”  op- 
posed prohibition  in  1914.  They  thought  it  im- 
practicable for  large  cities.  After  six  months’ 
experience  they  admit  their  mistake,  and  testify 
to  its  good  effects. 

Oregon  bankers  opposed  prohibition  in  1914. 
So  did  the  Portland  “Oregonian.”  The  “Ore- 
gonian” recently  said:  “Bankers  are  firm  in  the 
belief  that  prohibition  has  helped  not  only  their 
business,  but  business  generally.” 

Where  prohibition  has  been  tried  the  incon- 
venience has  been  slight.  Business  quickly  re- 
adjusts itself  and  those  out  of  jobs  soon  find 


[Three] 


better  ones.  The  money  saved  from  saloons 
goes  into  legitimate  business.  More  buildings 
and  workers  are  required  to  conduct  this  in- 
creased business  than  were  formerly  employed 
in  selling  liquor. 

The  Spokane  “Chronicle,”  which  opposed  pro- 
hibition in  1914,  now  says  that  under  prohibition 
unemployment  is  less  than  twelve  months  ago. 
Denver’s  Bureau  of  Charities  reports:  “We 
have  had  much  less  trouble  with  unemployment 
this  year  than  last,  and  requests  for  assistance 
average  100  per  month  less.” 

From  all  “dry”  states  comes  testimony  that 
prohibition  works.  Not  one  of  the  predicted 
calamities  has  been  realized.  Prohibition  has 
proved  good  for  our  neighbors.  It  will  be  good 
for  California. 

The  rest  of  the  Pacific  Coast  is  “dry.”  If 
California  remains  wet,  it  will  become  the  cess- 
pool of  the  West.  This  must  not  be.  Pro- 
hibition will  keep  California  among  the  most 
attractive  and  prosperous  states  in  the  Union. 

To  the  charge  that  prohibition  will  hurt  Cali- 
fornia by  destroying  the  wine-grape  market,  we 
reply  that  wine  grapes  are  a small  part  of  Cali- 
fornia’s grape  industry.  Last  year  raisins  sold 
for  $10,000,000  ; table  grapes  for  $9,500,000  ; while 
wine  grapes  brought  about  $3,000,000,  and  little 
of  that  was  profit.  Shall  the  curse  of  the  liquor 
traffic  with  its  cost  in  men  and  money  be  fas- 
tended  upon  California  for  a paltry  $3,000,000? 

Putting  California  “dry”  will  hasten  “national 
prohibition.”  This  will  be  an  invaluable  factor 
in  national  preparedness.  Experience  in  coun- 
tries now  at  war  makes  this  clear.  Lloyd 
George  declares  that  the  efficiency  of  Russia’s 
army  has  been  increased  more  than  25  per  cent 
by  prohibition,  and  that  England’s  greatest 
enemy  in  this  war  is  alcohol.  Addressing  his 
naval  cadets  recently,  Emperor  William  said: 
“The  nation  which  uses  the  least  alcohol  will 
win  the  battles  of  the  future.”  A nation’s  best 
defense  is  a sober  citizenry. 

Vote  “Yes.” 

Albert  J.  Wallace. 

ARGUMENT  AGAINST  THE  PROHIBITION 

AMENDMENT,  DESIGNATED  AS  NO.  1. 

The  principle  of  prohibition  is  wrong,  for  it 
seeks  through  legal  enactment  to  govern  the 
natural  appetites  of  man  and  to  make  all  con- 
form to  the  method  of  living  approved  by  a few. 

Wrong  in  principle,  impossible  to  enforce,  pro- 
hibition does  not  justify  its  existence.  It  has 
never  decreased  crime,  encouraged  thrift  nor  im- 
proved the  public  health.  It  is  a well  known 
fact  that  among  the  peasantry  of  France,  who 
are  great  wine  consumers,  there  is  no  intoxica- 
tion, and  they  are  the  longest  lived  people  on 
earth. 


The  completeness  of  the  failure  of  prohibitio 
is  conclusively  shown  by  the  fact  'that  it  h£ 
never  accomplished  the  primary  aim  of  its  suj 
porters — a decrease  in  the  consumption  of  drinl 
Impossible  of  enforcement,  disastrous  in  its  r( 
suits,  why  vote  to  place  it  on  the  statute  boofc 
We  have  the  Wyllie  local  option  law  and  tt 
initiative  and  referendum,  and  if  any  incorp 
rated  city  or  supervisor  district  wishes  to  ado 
local  prohibition  or  regulate  any  particular  pha. 
of  the  business,  it  has  the  power  to  do  so. 

The  record  of  prohibition  in  other  stat< 
promises  nothing  in  the  way  of  improved  soci 
or  industrial  conditions.  On  the  other  hand,  i 
enactment  in  California  would  without  doubt  d< 
stroy  one  of  our  largest  industries  and  throw  o\ 
of  work  thousands  who  are  now  employed 
healthful  and  profitable  occupations.  It  wou 
close  700  wineries,  and  would  force  Californ 
to  brand  as  outlaws  in  their  vocation  the  owne 
of  170,000  acres  of  wine  grapes.  It  wou 
cripple  thousands  of  raisin  and  table  graj 
growers  who  sell  to  the  wineries  annually  mo 
than  $1,500,000  worth  of  grapes  which  can  n 
be  used  for  any  other  purpose. 

For  sixty  years  the  state  and  federal  gover 
ments  have  fostered  and  protected  the  Californ 
wine  industry.  They  have  been  instrumental 
inducing  thousands  of  thrifty  people  to  reclai 
unproductive  hillsides  and  barren  wastes.  Th 
have  peopled  our  valleys  and  mountain  slop| 
with  men  and  women  of  industrious  and  ter 
perate  habits.  Prohibition  would  confiscate  the 
property  and  forbid  their  continuing  an  occup 
tion  which  has  brought  prosperity  to  the  state. 

The  three  years  period  of  grace  given  o 
growers  to  pull  up  their  wine  grapes  and  pla 
something  else  is  a hollow  concession,  for 
much  of  the  land  used  for  viticulture  nothi  j 
but  the  vine  will  grow.  [, 

Following  the  adoption  of  this  amendme 
more  than  sixty  large  brewing  plants  would  j 
closed  down.  The  valuable  local  market  fj 
California  hops  would  be  destroyed  and  Ca 
fornia  barley  growers  would  have  to  look  elsij 
where  for  a market  for  their  malting  barley.  | 
Even  more  serious  than  the  destruction 
vineyards,  wineries  and  breweries  would  be  tl| 
fact  that  293,000  Californians  in  all  walks  of  lij 
would  have  to  look  elsewhere  for  their  livelihoc 1 
It  is  unthinkable  that  the  voters  of  the  grei| 
State  of  California  will  lend  themselves  to  su/j 
confiscation  of  property  and  destruction  of  p a 
rolls  and  join  the  ranks  of  the  states  where  tjl 
spying,  persecution,  perjury  and  personal  strijj 
always  associated  with  prohibition  serve  to  haxj 
per  progress  and  promote  hjnpocrisy  and  decel’i 
Vote  “No”  on  Amendment  No.  1.  I: 

James  Madison, 

General  Manager  California  Associated  Ra.isin  C 


[Four] 


AMENDMENT  a(*ding  Article  XXIV-A  to  Constitu- 
tion. Defines  alcoholic  liquor ; after 
January  1,  1918,  prohibits  its  possession,  gift  or  sale  in  saloon,  dramshop,  dive, 
store,  hotel,  restaurant,  club,  dance-hall  or  other  place  of  public  resort;  pro- 
hibits sale,  accepting  or  soliciting  orders  anywhere,  except  in  pharmacies  for 
2 certain  purposes  and  by  manufacturers  on  premises  where  manufactured,  under 
delivery  and  quantity  restrictions.  Owner  or  manager  of  all  such  places  to 
prevent  drinking  therein.  Restricts  transportation.  Payment  Internal  Revenue 
tax  prima  facie  evidence  of  violation.  Prescribes  and  authorizes  penalties. 
Neither  repeals  nor  limits  state  or  local  prohibition,  or  Article  XXIV  of 
Constitution. 


NITIATIVE 


YES 

NO 

The  electors  of  the  State  of  California  present 
> the  secretary  of  state  this  petition,  and  request 
lat  a proposed  amendment  to  the  Constitution 
' the  State  of  California,  adding  thereto  a new 
rticle,  to  be  known  and  numbered  as  article 
venty-four-A,  as  hereinafter  set  forth,  be  sub- 
dtted  to  the  people  of  the  State  of  California 
>r  their  approval  or  rejection,  at  the  next  ensu- 
ig  general  election,  or  as  provided  by  law.  The 
roposed  amendment  is  as  follows : 
he  people  of  the  State  of  California  do  enact 
as  follows : 

A new  article  is  hereby  added  to  the  Constitu- 
on  of  the  State  of  California,  to  be  known  and 
umbered  as  Article  XXIV-A,  in  the  following 
ords : 

Proposed  Amendment. 

ARTICLE  XXIV-A. 

Section  1.  After  January  1,  1918,  no  alcoholic 
quor  shall  be  kept,  given  away  or  sold  in  any 
iloon,  dramshop,  dive,  store,  hotel,  restaurant, 
ife,  club,  dance  hall  or  other  place  of  public 
ssort,  except  in  a pharmacy  or  on  the  premises 
'here  such  liquor  is  manufactured  ; nor  shall  any 
ach  liquor  be  sold  or  given  away  on  or  in  any 
treet,  alley,  park  or  public  place. 

Section  2.  After  January  1,  1918,  no  person, 
rm,  corporation  or  association,’ which  owns  or 
manages  any  of  the  places  mentioned  in  the  pre- 
ious  section  or  any  other  place  of  public  resort, 
hall  permit  the  drinking  of  any  alcoholic  liquor 
herein.  This  section  applies  to  pharmacies  and 
remises  where  liquor  is  manufactured,  as  well 
s to  the  other  places  mentioned  in  said  previous 
ection. 

Section  3.  After  January  1,  1918,  no  person, 
rm,  corporation  or  association  shall  sell  any 
lcoholic  liquor  or  shall  solicit  or  accept  an  order 
or  any  such  liquor  anywhere  in  the  State  of 
lalifornia,  except  in  a pharmacy  or  on  the 
remises  where  such  liquors  are  manufactured. 
Section  4.  After  January  1,  1918,  no  alcoholic 
quor  shall  be  sold  or  given  away  at  any  phar- 
lacy  except  for  medicinal,  sacramental,  scientific 
r mechanical  purposes,  under  such  restrictions 
s are  now  or  shall  hereafter  be  provided  by 
rw  ; and  no  such  liquor  shall  be  given  away  or 
old  by  manufacturers  in  any  quantity  less  than 
svo  gallons,  and  said  manufacturers  shall  not 
eliver  any  such  liquor  except  as  follows : 

(a)  To  common  carriers  for  shipment  to  the 
I urchaser ; 

' (b)  To  pharmacists  at  their  pharmacies; 

I (c)  To  the  permanent  residence  of  purchasers. 

| Section  6.  After  January  1,  1918,  no  alcoholic 
i quor  shall  be  transported  into  or  within  the 
Itate  of  California  in  any  quantity  less  than  two 
i allons,  except  when  obtained  at  a pharmacy  as 
■rovided  in  section,  four  hereof ; and  after  said 


date  no  such  liquor  shall  be  received  or  accepted 
within  the  State  of  California  from  any  common 
carrier  in  any  quantity  less  than  two  gallons. 

Section  6.  The  term  “alcoholic  liquor,”  as 
used  in  this  article,  shall  include  spirituous, 
vinous  and  malt  liquors  and  any  other  liquor  or 
mixture  of  liquors  which  contains  more  than  one- 
half  of  one  per  cent  by  volume  of  alcohol,  and 
which  is  not  so  mixed  with  other  drugs  as  to 
prevent  its  use  as  a beverage. 

Section  7.  Any  person,  whether  acting  as  prin- 
cipal, agent,  employee  or  otherwise,  violating  any 
provision  of  this  article,  shall  be  punished  by  a 
fine  not  exceeding  one  thousand  dollars 
($1000.00)  or  by  imprisonment  in  the  county  jail 
not  exceeding  twelve  months,  or  by  both  such 
fine  and  imprisonment ; but  any  person  found 
guilty  of  violating  any  provision  of  this  article 
by  conviction  for  an  offense  committed  after  a 
previous  conviction  under  this  article,  shall  be 
punished  by  a fine  of  not  less  than  two  hundred 
dollars  ($200.00)  nor  more  than  twenty-five 
hundred  dollars  ($2500.00)  and  by  imprisonment 
in  the  county  jail  for  not  less  than  thirty  days 
nor  more  than  one  year.  All  alcoholic  liquors 
kept  in  violation  of  this  article  shall,  upon  con- 
viction of  the  owner  or  manager  of  the  place 
where  such  liquors  are  kept,  be  destroyed.  Addi- 
tional penalties  may  be  imposed  by  law. 

Section  8.  The  payment  of  the  internal 
revenue  special  tax,  required  of  liquor  dealers 
by  the  United  States,  by  any  person  or  persons, 
other  than  registered  pharmacists  and  manu- 
facturers of  alcoholic  liquors,  shall  be  prima 
facie  evidence  that  such  person  or  persons  are 
keeping  and  selling  alcoholic  liquors  in  violation 
of  this  article,  and  in  any  prosecution  under  this 
article  a certificate  from  the  collector  of  internal 
revenue,  or  from  any  of  his  deputies  or  agents, 
showing  that  such  tax  has  been  paid  by  defend- 
ant, either  alone  or  in  association  with  others, 
shall  be  sufficient  evidence  of  the  payment  of 
such  tax. 

Section  9.  Nothing  in  this  article  shall  be  con- 
strued as  prohibiting  the  distribution  or  use  of 
wine  at  the  sacramental  service  of  any  religious 
organization. 

Section  10.  This  article  shall  not  be  so  con- 
strued as  to  repeal  any  provision  of  any  law  or 
ordinance  now  in  force  prohibiting  the  manufac- 
ture, sale,  giving  away  or  delivery  of  any 
alcoholic  liquor ; nor  shall  it  be  construed  as 
limiting  the  power  of  the  state,  or  of  any  munici- 
pality or  other  political  subdivision  of  the  state, 
immediately  to  prohibit  the  manufacture,  impor- 
tation, transportation,  sale  or  service  of  such 
liquor ; nor  shall  it  be  construed  as  in  conflict 
with  another  amendment  to  the  Constitution  of 
the  State  of  California,  which  adds  thereto  a new 
article,  to  be  known  as  Article  XXIV  and  which 
prohibits  the  manufacture,  keeping  or  selling  in, 
or  introducing  into,  the  State  of  California  of  any 

IFiYe] 


alcoholic  liquor  after  January  1,  1920,  with  cer- 
tain exceptions,  if  said  amendment  is  adopted  at 
the  same  time  as  this  is  adopted,  it  being  the 
intention  that  said  amendment,  if  adopted,  shall 
supersede  this  on  January  1,  1920  ; but  if  this  be 
adopted  and  said  proposed  Article  XXIY  be  not 
adopted/  -this  article  shall  have  full  force  and 
effect  after  said  January  1,  1920,  as  well  as 
before  that  date. 

ARGUMENT  IN  FAVOR  OF  INITIATIVE 
AMENDMENT  NO.  2. 

This  amendment  will  close  saloons,  and  stop 
the  service  of  liquor  in /public  places. 

It  will  not  interfere*  with  the  manufacture, 
importing  or  exporting  of  liquors,  nor  prevent 
people  from  buying  liquor  in  California,  pro- 
vided they  buy  directly  from  the  manufacturer 
in  two-gallon,  or  larger,  lots  to  be  delivered  at 
the  buyer’s  residence. 

It  will  have  no  appreciable  effect  upon  Cali- 
fornia’s wine  industry.  Theodore  A.  Bell,  then 
attorney  for  the  wine  interests,  stated  in  1914 
that  of  42,000,000  gallons  of  wine  produced  in 
California  in  1913,  40,000,000  gallons  were 

shipped  elsewhere.  Of  the  small  part  left  in 
California,  only  that  consumed  in  public  places 
would  be  affected  by  this  amendment. 

Fresno  county,  with  more  than  40,000,000 
grapevines  and  many  large  wineries,  is  dry 
under  the  local  option  law.  Grape  growers 
know  that  public  drinking  places  hurt  their 
homes  and  their  business,  and  have  voted  them 
out.  This  amendment  will  do  for  the  whole 
state  what  Fresno  grape  growers  have  done  for 
themselves. 

The  chief  argument  against  it  is  that  it  will 
discourage  tourists  from  coming  to  California, 
and  so  hurt  hotels.  This  has  not  happened  else- 
where. 

Before  Colorado  went  dry,  her  citizens  dis- 
covered that  tourists  remained  in  wet  Denver 
an  average  of  one  and  'one-half  days,  and  in  dry 
Colorado  Springs  three  and  one-half  days. 
Governor  Carlson  says  this  was  an  important 
factor  influencing  the  people  to  vote  dry. 

Chester  H.  Rowell,  in  the  Fresno  “Repub- 
lican,” says:  “The  great  majority  of  California 
tourists  come  from  conditions  and  homes  in 
which  wine  is  not  customary.”  He  also  points 
out  that  the  total  revenue  from  wine  sold  in 
hotels  would  not  pay  for  the  paint  on  the  hoops 
of1  wine  barrels. 

The  injury  done  to  hotels  by  this  measure 
would  be  as  nothing  compared  with  the  gain  to 
the  state.  Liquor-serving  hotels  and  restau- 
rants are  frequently  the  worst  element  in  city 
life.  Many  of  them  become  assignation  houses 
whose  chief  profit  is  from  vice.  Even  the  re- 
spectable ones  have  their  lapses.  When  the 
Palace  Hotel’ * reopened  in  San  Francisco  the 
Sacramento  “Bee”  wrote  thus  of  the  celebra- 
tion: “A  San  Francisco  exchange  states  that 
women  flocked  to  the  barroom  as  soon  as  tve 
conventions  began  to  give  way;  that  they  stood 
at  the  bar  in  rows;  that  they  drank  and  shook 
dice — grandmothers,  mothers  and  maidens.” 
When  this  could  happen  in  a respectable  hotel, 
what  must  conditions  be  in  disreputable  hotels? 

If  the  curse  of  saloons  and  French  cafes  is  to 
be  removed,  the  public  drinking  place  must  go. 
That  is  what  this  amendment  will  accomplish. 
It  will  close  the  dive,  stop  the  treating  custom, 
separate  drink  from  public  dancing,  lessen 
danger  from  drunken  automobile  drivers,  and 
take  saloons  out  of  politics. 

Neighboring  states  have  found  that  closing 


saloons  improves  business,  reduces  crime,  anf 
makes  conditions  better  for  the  average  man, 
and  marvelously  better  for  women  and  children! 
California’s  dry  communities  have  had  a similar 
experience.  Why  not  try  it  for  the  whole  state? 

Vote  “Yes.”  Arthur  Arlett. 

ARGUMENT  AGAINST  INITIATIVE  AMEND- 
MENT NO.  2. 

Offered  to  California  voters  as  an  anti-saloon 
measure,  this  amendment  is  false  to  the  name  its 
supporters  have  given  it,  for  it  would  wipe  out 
every  established  channel  or  avenue  of  trade 
within  the  state  for  the  sale  or  distribution  of 
the  product  of  the  wine  grape  vineyard  and  hop 
field.  It  eliminates  any  branch  or  agency  of  a 
winery  or  brewery;  it  prohibits  the  soliciting  of 
orders,  prevents  the  handling  of  wine  or  beer  by 
the  gallon  or  bottle  in  grocery  or  other  stores, 
forbids  the  serving  of  wine  or  beer  with  meals  in 
restaurants,  clubs  and  hotels,  and  would  make 
felons  of  those  who  followed  the  custom  of  serv- 
ing wine  or  beer  at  public  functions  and  ban- 
quets. It  goes  so  far  as  to  prevent  the  sampling 
or  tasting  of  wine  at  the  place  of  manufacture, 
and  it  forbids  the  contemplating  purchaser  from 
going  to  a winery  or  brewery  and  taking  away 
with  him  any  quantity  he  may  wish  to  buy. 

The  liberty  it  gives  to  the  winery  and  brewery 
is  poor  solace.  It  tells  the  producers  that  they 
may  make  as  much  as  they  please,  and  then  pro- 
ceeds to  place  almost  every  obstacle  in  the  way 
of  allowing  them  to  market  what  they  produce. 
Its  restrictions  are  such  that  only  the  well-to-do 
can  avail  themselves  of  the  opportunity  to  pur- 
chase. 

The  amendment  provides  that  these  restric- 
tions shall  be  in  force  on  and  after  January  1, 
1918,  which  would  bring  prohibition  two  years 
sooner  than  provided  for  in  the  first  amendment. 

The  effect  of  this  amendment  would  be  as  dis- 
astrous to  the  legitimate  winery  and  brewery,  to 
the  vineyards  and  the  hop  fields  as  prohibition. 
Amendment  No.  1.  It  would  place  legitimate 
business  in  the  embarrassing  and  ludicrous  po- 
sition of  appealing  for  trade  outside  of  the 
boundaries  of  the  state  and  of  saying  to  visitors, 
“If  you  stay  out  of  California  you  may  have  our 
wines  and  beers,  but  if  you  come  to  California, 
they  will  be  denied  you.” 

The  hotel  industry  would  be  given  a deadly 
blow,  especially  in  the  case  of  the  great  tourist 
hotels.  Instead  of  coming  to  California  to  spend, 
perhaps  to  invest  their  money  and  often  to  make 
their  homes,  thousands  of  tourists  would  go 
annually  to  other  parts  of  the  country  and  world 
where  they  could  enjoy  their  holidays  without 
being  made  subject  to  laws  of  which  they  do  not 
approve  and  threatened  with  arrest  and  prosecu- 
tion for  following  habits  to  which  they  have 
always  been  accustomed. 

A law  making  such  unjust  discriminations  be- 
tween residents  and  visitors,  between  the  rich 
man  who  is  able  to  maintain  a wine  cellar,  and 
the  workingman  who  is  not  able  to  do  so,  will 
not  command  public  respect,  will  be  incapable  of 
enforcement  and  will  bring  all  laws  into  disre- 
pute-: 

Prohibitiori,  if  tried  here,  will  prove  the  dismal 
failure  it  has  been  in  other  states.  Though  at 
one  time  or  another  in  force  in  34  states,  it  has 
never  decreased  crime  or  insanity,  improved  in- 
dustrial conditions  nor  even  accomplished  the 
first  of  its  avowed  purposes — a decrease  in  the 
consumption  of  alcoholic  beverages. 

Vote  “No”  on  Amendment  No.  2.  * 

James  Madison, 

General  Manager  California  Associated  Raisin  Co 


[Six] 


FOE  THE  STATE  HIGHWAY  ACT  OF  1915.  ™9  p»- 

vides  for  the 

issuance  and  sale  of  state  bonds  in  the  sum  of  $15,000,000  for  the  construction 
of  the  uncompleted  portions  of  the  system  of  state  highways  prescribed  by  the 
State  Highways  Act  of  1909  and  extensions  thereof ; and  prescribes  such  exten- 
sions, and  character  of  construction  of  same. 

3 

AGAINST  THE  STATE  HIGHWAY  ACT  OF  1915. 


An  act  authorizing  the  acquisition,  construction, 
improvement,  maintenance  and  control  of 
the  uncompleted  portions  of  the  system  of 
state  highways  prescribed  and  contemplated 
by  an  act  entitled  “An  act  authorizing  the 
construction,  acquisition,  maintenance  and 
control  of  a system  of  state  highways  in  the 
State  of  California;  specifying  the  work, 
fixing  the  payments  to  be  made  by  counties 
for  moneys  expended  therein;  providing  for 
the  issuance  and  sale  of  state  bonds  to 
create  a fund  for  the  construction  and  ac- 
quisition of  such  system;  creating  a sinking 
fund  for  the  payment  of  said  bonds;  and 
providing  for  the  submission  of  this  act  to  a 
vote  of  the  people,”  approved  March  22, 
1909,  and  approved,  ratified  and  adopted  by 
the  people  of  the  State  of  California  at  the 
general  election  held  in  the  month  of  No- 
vember, A.  D.,  1910,  and  known  and  cited 
as  the  “State  Highways  Act,”  and  certain 
extensions  therefrom;  specifying  the  work, 
fixing  the  payments  to  be  made  by  counties 
for  moneys  expended  therein;  providing  for 
the  issuance  and  sale  of  state  bonds  to 
create  a fund  for  the  construction,  improve- 
ment and  acquisition  of  the  uncompleted 
portions  of  said  system  and  certain  exten- 
sions therefrom;  creating  a revolving  fund 
to  be  used  by  the  state  department  of  engi- 
neering for  the  purposes  of  this  act;  creating 
a sinking  fund  for  the  payment  of  said 
bonds;  and  providing  for  the  submission  of 
this  act  to  a vote  of  the  people. 

[Submitted  to  the  people  by  the  legislature  of 
the  State  of  California,  at  its  regular  session 
commencing  on  the  4th  day  of  January,  1915.] 

The  people  of  the  State  of  California  do  enact 
as  follows: 

Section  1.  The  fund  created  for  the  construc- 
tion and  acquisition  of  a system  of  state  high- 
ways by  an  act  entitled  “An  act  authorizing  the 
construction,  acquisition,  maintenance  and  con- 
trol of  a system  of  state  highways  in  the  State 
of  California;  specifying  the  work,  fixing  the 
payments  to  be  made  by  counties  for  moneys 
expended  therein;  providing  for  the  issuance  and 
sale  of  state  bonds  to  create  a fund  for  the  con- 
struction and  acquisition  of  such  system;  creat- 
ing a sinking  fund  for  the  payment  of  said 
bonds;  and  providing  for  the  submission  of  this 
act  to  a vote  of  the  people,”  approved  March  22, 

1909,  and  approved,  ratified  and  adopted  by  the 
people  of  the  State  of  California  at  the  general 
election  held  in  the  month  of  November,  A.  D. 

1910,  and  known  and  cited  as  the  “State  High- 
ways Act,”  being  inadequate  to  fully  carry  out 
the  objects  of  said  act,  the  uncompleted  por- 


tions of  said  system  prescribed  by  said  “State 
Highways  Act”  and  certain  extensions  there- 
from hereinafter  specified  shall  be  constructed, 
improved  and  acquired  as  and  in  the  manner 
provided  by  law  by  the  department  of  engineer- 
ing of  said  state  at  a cost  not  to  exceed  fifteen 
million  dollars.  For  the  purpose  of  providing 
for  thg  payment  of  the  cost  of  the  construction, 
improvement  or  acquisition  necessary  for  and  in 
completing  said  system  of  said  highways  and 
supplementing  the  fund  created  by  said  “State 
Highways  Act,”  the  State  of  California  is  hereby 
authorized  to  incur  an  indebtedness  in  the  man- 
ner provided  by  this  act  in  the  sum  of  fifteen 
million  dollars. 

Immediately  after  the  issuance  of  the  procla- 
mation of  the  governor,  as  provided  in  section 
eleven  of  this  act,  the  treasurer  of  the  state 
shall  prepare  fifteen  thousand  suitable  bonds  of 
the  State  of  California  in  the  denomination  of 
one  thousand  dollars  each,  to  be  numbered  from 
1 to  15,000  inclusive,  and  to  bear  the  date  of  the 
third  day  of  July,  1917.  The  total  issue  of  said 
bonds  shall  not  exceed  the  sum  of  fifteen  million 
dollars  and  they  shall  bear  interest  at  the  rate 
of  four  and  one-half  per  cent  per  annum  from 
the  date  of  issuance  thereof.  The  said  bonds 
and  the  interest  thereon  shall  be  payable  in  gold 
coin  of  the  United  States  of  the  present  standard 
of  value  either  at  the  office  of  the  treasurer  of 
said  state  or,  at  the  option  of  the  holder,  at  the 
fiscal  agency  for  the  State  of  California  in  the 
city  of  New  York  in  the  state  of  New  York,  at 
the  times  and  in  the  manner  following,  to  wit: 
The  first  three  hundred  seventy-five  of  said 
bonds  shall  be  due  and  payable  on  the  third  day 
of  July,  1923,  and  three  hundred  seventy-five 
of  said  bonds  in  consecutive  numerical  order 
shall  be  due  and  payable  on  the  third  day  of 
July  in  each  and  every  year  thereafter  until  and 
including  the  third  day  of  July,  1962.  The 
interest  accruing  on  all  of  said  bonds  that  shall 
be  sold  shall  be  payable  either  at  the  office 
of  the  treasurer  of  the  state  or  at  said  fiscal 
agency,  as  the  holder  may  elect,  on  the  third 
day  of  January  and  the  third  day  of  July  of 
each  and  every  year  after  the  sale  of  the  same. 
The  interest  on  all  bonds  issued  and  sold  shall 
cease  on  the  day  of  their  maturity  and  the  said 
bonds  so  issued  and  sold  shall  on  the  day  of 
their  maturity  be  paid  as  herein  provided  and 
canceled  by  the  treasurer  of  said  state.  All 
bonds  remaining  unsold  shall,  at  the  date  of 
the  maturity  thereof  be  by  the  treasurer  of  the 
state  canceled  and  destroyed.  All  bonds  issued 
pursuant  to  the  provisions  of  this  act  shall  be 
signed  by  the  governor  of  this  state,  counter-' 
signed  by  the  state  controller  and  endorsed  by 
the  state  treasurer,  and  the  said  bonds  shall  be 


[Seven] 


ao  signed,  countersigned  and  endorsed  by  the 
officers  who  are  in  office  on  the  third  day  of 
July,  1917,  and  each  of  said  bonds  shall  have  the 
great  seal  of  the  State  of  California  impressed 
thereon.  The  said  bonds  signed,  countersigned, 
endorsed  and  sealed  as  herein  provided,  when 
sold,  shall  be  and  constitute  a valid  and  binding 
obligation  upon  the  State  of  California,  though 
the  sale  thereof  be  made  at  a date  or  dates  after 
the  person  so  signing,  countersigning  and  endors- 
ing, or  either  of  them,  shall  have  ceased  to  be 
the  incumbents  of  said  office  or  offices. 

See.  2.  Appended  to  each  of  said  bonds  there 
shall  be  interest  coupons  so  attached  that  the 
same  may  be  detached  without  injury  to  or 
mutilation  of  said  bond.  The  said  coupons  shall 
be  consecutively  numbered  and  shall  bear  the 
lithographed  signature  of  the  state  treasurer 
who  shall  be  in  office  on  the  third  day  of  July, 
1917.  No  interest  shall  be  paid  on  any  of  said 
bonds  for  such  time  as  may  intervene  between 
the  date  of  said  bond  and  the  date  of  sale 
thereof,  unless  such  accrued  interest  shall  have 
been,  by  the  purchaser  of  said  bond,  paid  to  the 
state  at  the  time  of  such  sale. 

Sec.  3.  The  legislature  shall  provide  by  ap- 
propriation sufficient  money  to  defray  all  ex- 
penses that  shall  be  incurred  by  the  state 
treasurer  in  the  preparation  of  said  bonds  and 
in  the  advertising  of  the  sale  thereof,  as  in  this 
act  provided. 

Sec.  4.  When  the  bonds  authorized  by  this 
act  to  be  issued  shall  have  been  signed,  counter- 
signed, endorsed  and  sealed  as  in  section  one 
provided,  the  state  treasurer  shall  sell  the 
same  in  such  parcels  and  numbers  as  the  gov- 
ernor of  the  state  shall  direct,  to  the  highest 
bidder  for  cash.  The  governor  of  the  state  shall 
issue  to  the  state  treasurer  such  direction  imme- 
diately after  being  requested  so  to  do,  through 
and  by  a resolution  duly  adopted  and  passed  by 
a majority  vote  of  the  advisory  board  of  the 
department  of  engineering.  Said  resolution  shall 
specify  the  amount  of  money  which,  in  the 
judgment  of  said  advisory  board,  shall  be  re- 
quired at  such  time,  and  the  governor  of  the 
state  shall  direct  the  state  treasurer  to  sell 
such  number  of  said  bonds  as  may  be  required 
to  raise  said  amount  of  money  and  that  said 
bonds  shall  be  sold  in  consecutive  numerical 
order  commencing  with  the  first  three  hundred 
seventy-five  thereof.  The  state  -treasurer  shall 
not  accept  any  bid  which  is  less  than  the  par 
value  of  the  bond  plus  the  interest  which  has 
accrued  thereon  between  the  date  of  sale  and 
the  last  preceding  interest  maturity  date.  The 
state  treasurer  may  at  the  time  and  place 
fixed  by  him  for  said  sale  continue  such  sale  as 
to  the  whole  or  any  part  of  the  bonds  offered  to 
such  time  and  place  as  he  ma3r  at  the  time  of 
such  continuance  designate.  Before  offering  any 
of  said  bonds  for  sale,  the  said  ‘treasurer  shall 
detach  therefrom  all  coupons  which  have 
matured  or  will  mature  before  the  date  fixed 
for  such  sale.  The  state  treasurer  shall  give 
notice  of  the  time  and  place  of  sale  by  publica- 
tion in  two  newspapers  published  in  the  city  and 
county  of  San  Francisco  and  in  one  newspaper 
published  in  the  city  of  Oakland,  and  in  one' 
newspaper  published  in  the  city  of  Los  Angeles 
and  in  one  newspaper  published  in  the  city  of 
Sacramento  once  a week  for  four  weeks  next 
preceding  the  date  fixed  for  such  sale.  In 
addition  to  the  notice  last  above  provided  for, 
the  state  treasurer  may  give  such  further  notice 
as  he  may  deem  advisable,  but  the  expenses 
and  cost  of  such  additional  notice  shall  not 
exceed  the  sum  of  five  hundred  dollars  for  each 
sale  so  advertised. 


There  is  hereby  created  in  and  for  the  state 
treasury  a fund  to  be  known  and  designated  as  . 
the  “Second  State  Highway  Fund,”  and  imme-  , 
diately  after  such  sale  of  bonds  the  treasurer 
of  the  state  shall  pay  into  the  state  treasury , 
and  cause  to  be  placed  in  said  second  state  high- 
way fund  the  total  amount  received  for  said 
bonds,  except  such  amount  as  may  have  been  | 
paid  as  accrued  interest  thereon.  The  amount  * 
that  shall  have  been  paid  at  such  sale  as  accrued 
interest  on  the  bonds  sold  shall  be  by  the  treas-  i 
urer  of  the  state,  immediately  after  such  sale,  a 
paid  into  the  treasury  of  the  state  and  placed  ; 
in  the  “Second  State  Highway  Interest  and  Sink-  » 
ing  Fund,”  which  is  hereby  created. 

Of  the  moneys  placed  in  the  said  second  state 
highway  fund,  pursuant  to  the  provisions  of 
this  section,  the  sum  of  twelve  million  dollars,  ' 
or  so  much  thereof  as  may  be  necessary,  is 
hereby  made  available,  and  shall  be  used  ex- 
clusively for  the  acquisition  of  rights  of  way  for  i 
and  the  acquisition,  construction  and  improve- 
ment of  the  uncompleted  portions  of  the  system " 
of  state  highways  prescribed  by  said  “State/ 
Highways  Act.”  And  of  said  moneys  so  placed  $ 
in  said  second  state  highway  fund,  the  sum  of ' 
three  million  dollars,  or  so  much  thereof  as  may5 
be  necessary,  is  hereby  made  available  and  - 
shall  be  used  exclusively  for  the  acquisition  of 
rights  of  way  for,  and  the  acquisition,  construe-  t 
tion  and  improvement  of  certain  extensions 
from  said  system  of  state  highways  prescribed 
by  said  “State  Highways  Act”  as  follows:  An  , 
extension  connecting  the  interior  and  coast ; 
trunk  lines  in  northern  California  through  Trin-  | 
ity  and  Humboldt  counties  by  the  most  direct 
and  practical  route;  an  extension  connecting  the 
San  Joaquin  valley  trunk  line  at  a point  between 
the  city  of  Merced  in  Merced  county,  and  the 
city  of  Madera,  in  Madera  county,  with  the  * 
coast  trunk  line  at  or  near  the  city  of  Gilroy  in 
Santa  Clara  county,  through  Pacheco  pass,  by 
the  most  direct  and  practical  route;  an  extension 
of  the  Mariposa  county  state  highway  lateral  to  I 
or  near  the  railway  station  El  Portal,  in  Mari-j 
posa  county;  an  extension  connecting  the  San'j 
Joaquin  valley  trunk  line  in  Tulare  county  with 
the  coast  trunk  line  in  Monterey  county,  by  the 
continuation  of  the  lateral  between  the  cities  of 
Visalia  and  Hanford  through  Coalinga  by  the 
most  direct  and  practical  route ; an  extension 
connecting  the  San  Joaquin  valley  trunk  line  at 
or  near  Bakersfield  with  the  coast  trunk  line  in 
San  Luis  Obispo  county,  through  Cholame  pass, 
by  the  most  direct  and  practical  route;  an 
extension  of  the  San  Bernardino  county  state 
highway  lateral  to  Barstow,  in  San  Bernardino 
county,  by  the  most  direct  and  practical  route; 
an  extension  connecting  Antelope  valley,  in  the 
county  of  Los  Angeles,  with  the  city  of  Los 
Angeles,  by  the  most  direct  and  practical  route; 
and  an  extension  of  the  San  Bernardino  county 
state  highway  lateral  to  the  Arizona  state  line 
near  the  town  of  Yuma,  Arizona,  via  the  cities 
of  Brawley  and  El  Centro  in  Imperial  county,  by 
the  most  direct  and  practical  route ; provided, , 
nowever,  that  expenses  of  the  acquisition,  con—- 
struction  and  improvement  of  the  extensions 
above  enumerated  and  the  acquisition  of  rights 
of  way  therefor,  shall  be  partly  borne  by  thql 
county  or  counties  in  which  such  extensions  lie,! 
the  extent  and  character  of  such  division  of  ex-Jj 
penses  between  the  state  and  county  shall  rest 
for  final  determination  with  the  state  depart-J 
ment  of  engineering  and  said  department  isg 
hereby  authorized  to  enter  into  such  agreed 
ments  and  undertakings  as  are  necessary  to 
properly  carry  out  the  intent  of  this  section.  \ 
The  route  or  routes  of  said  state  highways  to 


[Eight] 


be  acquired,  constructed  or  improved  under  the 
provisions  of  this  act  shall  be  selected  by  the 
department  of  engineering  in  the  manner  pro- 
vided by  and  to  carry  out  the  objects  of  said 
“State  Highways  Act”  and  in  the  manner  pro- 
vided by  and  to  carry  out  the  objects  of  this 
act. 

Moneys  shall  be  drawn  from  said  second  state 
highway  fund  for  the  purposes  of  this  act  upon 
warrants  duly  drawn  by  the  controller  of  the 
state  upon  demands  made  by  the  department  of 
engineering  and  allowed  and  audited  by  the  state 
board  of  control ; provided;  however,  that  out  of 
the  proceeds  of  the  first  sale  of  bonds  made 
hereunder  the  state  controller  and  the  state 
treasurer  shall  transfer  upon  their  respective 
books  the  sum  of  one  hundred  thousand  dollars 
to  the  credit  of  the  “State  Highway  Revolving 
Fund,”  which  fund  is  hereby  created  in  the 
state  treasury.  The  moneys  in  said  state  high- 
way revolving  fund,  or  such  part  thereof  as  the 
advisory  board  of  the  department  of  engineering 
shall  deem  necessary,  may  be  expended,  from 
time  to  time,  upon  the  demands  of  the  depart- 
ment of  engineering,  approved  by  the  state 
board  of  control,  for  the  purpose  of  making  cash 
payments  in  advance  for  such  expenditures  as 
are  necessary  and  proper  to  carry  out  the  pro- 
visions of  this  act.  Upon  receipt  of  such  de- 
mands, so  approved,  it  shall  be  the  duty  of  the 
state  controller  to  draw  his  warrant  upon  said 
“State  Highway  Revolving  Fund”  in  favor  of 
the  person  or  persons  therein  named,  and  the 
state  treasurer  shall  pay  the  same.  On  or  before 
the  tenth  day  of  each  month  thereafter,  the 
department  of  engineering  shall  submit  to  the 
state  board  of  control  a verified,  itemized  state- 
ment, showing  all  expenditures  during  the  pre- 
ceding calendar  month  of  the  moneys  so 
withdrawn  from  said  “State  Highway  Revolving 
Fund,”  accompanied  by  proper  vouchers  and 
receipts  therefor.  Such  statements  shall  be 
audited  by  the  state  board  of  control  in  the 
same  manner  that  claims  against  the  state  are 
audited,  and,  if  found  to  be  correct,  shall  be 
approved  by  the  state  board  of  control  and  trans- 
mitted to  the  state  controller  with  such  approval 
endorsed  thereon.  The  state  controller  shall 
thereupon  draw  his  warrant  upon  the  “Second 
State  Highway  Fund”  in  favor  of  the  department 
of  engineering  for  the  aggregate  amount  of  such 
expenditures,  and  upon  the  surrender  of  such 
warrant  properly  endorsed,  the  state  treasurer 
shall  transfer  the  amount  thereof  upon  the  books 
of  his  office  from  the  said  “Second  State  High- 
way Fund”  to  the  said  “State  Highway  Revolv- 
ing Fund,”  to  be  expended  as  aforesaid. 

Sec.  5.  There  is  hereby  appropriated  from  the 
general  fund  in  the  state  treasury  such  sum 
annually  as  will  be  necessary  to  pay  the  principal 
af  and  the  interest  on  the  bonds,  issued  and  sold 
pursuant  to  the  provisions  of  this  act,  as  said 
principal  and  interest  becomes  due  and  payable. 

There  shall  be  collected  annually  in  the  same 
nanner  and  at  the  same  time  as  other  state 
'evenue  is  collected  such  a sum,  in  addition  to  the 
ordinary  revenues  of  the  state  as  shall  be 
'equired  to  pay  the  principal  and  interest  on  said 
jonds  as  herein  provided,  and  it  is  hereby  made 
.he  duty  of  all  officers  charged  by  law  with  any 
luty  in  regard  to  the  collection  of  said  revenue, 
o do  and  perform  each  and  every  act  Which  shall 
>e  necessary  to  collect  such  additional  sum. 

The  treasurer  of  the  state  shall,  on  the  first 
lay  of  January,  1918,  and  on  the  first  day  of 
iach  July  and  the  first  day  of  each  January 
hereafter  transfer  from  the  general  fund  of  the 
rtate  treasury  to  the  “Second  State  Highway 
interest  and  Sinking  Fund”  such  an  amount  of 


the  money  by  this  act  appropriated  as  shall  be 
required  to  pay  the  interest  on  the  bonds  thereto- 
fore sold,  until  the  interest  on  all  of  said  bonds 
so  sold  shall  have  been  paid  or  shall  have  become 
due  in  accordance  with  the  provisions  of  this  act. 

There  is  hereby  created  in  the  state  treasury  a 
fund  to  be  known  and  designated  as  the  “Second 
State  Highway  Sinking  Fund.”  The  treasurer  of 
the  state  shall  on  the  first  day  of  July  of  the 
year  1923,  and  on  the  first  day  of  July,  of  each, 
any  and  every  year  thereafter  in  which  a parcel 
of  the  bonds  sold  pursuant  to  the  provisions  of 
this  act  shall  become  due,  transfer  from  the 
general  fund  of  the  state  treasury  to  the  said 
second  state  highway  sinking  fund  such  an 
amount  of  the  moneys  appropriated  by  this  act 
as  may  be  required  to  pay  the  principal  of  the 
bonds  so  becoming  due  and  payable  in  such 
years. 

Sec.  6.  The  principal  of  all  of  said  bonds  sold 
shall  be  be  paid  at  the  time  the  same  becomes 
due,  from  the  second  state  highway  sinking  fund, 
and  the  interest  on  all  bonds  sold  shall  be  paid  at 
the  time  said  interest  becomes  due,  from  the  sec- 
ond state  highway  interest  and  sinking  fund. 
Both  principal  and  interest  shall  be  so  paid  upon 
warrants  duly  drawn  by  the  controller  of  the 
state  upon  demands  audited  by  the  state  board 
of  control,  and  the  faith  of  the  State  of  Cali- 
fornia is  hereby  pledged  for  the  payment  of  the 
principal  of  said  bonds  so  sold,  and  the  interest 
accruing  thereon. 

Sec.  7.  The  state  controller  and  state  treas- 
urer shall  keep  full  and  particular  account  and 
record  of  all  their  proceedings  under  this  act 
and  they  shall  transmit  to  the  governor  in  tripli- 
cate an  abstract  of  all  such  proceedings  there- 
under with  an  annual  report  in  triplicate,  one 
copy  of  each  to  be  by  the  governor,  laid  before 
each  house  of  the  legislature  biennially.  All 
books  and  papers  pertaining  to  the  matter  pro- 
vided for  in  this  act  shall,  at  all  times,  be  open 
to  the  inspection  of  any  party  interested,  or  the 
governor,  or  the  attorney  general,  or  a com- 
mittee of  either  branch  of  the  legislature  or  a 
joint  committee  of  both  or  any  citizen  of  the 
state. 

Sec.  8.  The  highway  constructed  on  acquired 
under  the  provisions  of  this  act  shall  be  perma- 
nent in  character  and  be  finished  with  oil  or 
macadam  or  a combination  of  both,  or  of  such 
other  material  as  in  the  judgment  of  the  said 
department  of  engineering  shall  be  most  suitable 
and  best  adapted  to  the  particular  locality  tra- 
versed. The  state  department  of  engineering,  in 
the  name  of  the  people  of  the  State  of  California, 
may  purchase,  or  receive  by  donation  or  dedica- 
tion from  counties,  or  from  public  or  private 
persons,  or  it  may  lease,  any  right  of  way,  rock 
quarry  or  land  necessary  or  proper  for  the  con- 
struction, use,  improvement  or  maintenance  of 
said  state  highway  and  shall  proceed,  if  neces- 
sary, to  condemn  under  the  provisions  of  the 
Code  of  Civil  Procedure  relating  to  such  pro- 
ceedings any  necessary  or  proper  right  of  way, 
rock  quarry  or  land.  The  department  of  engi- 
neering in  accordance  with  law  shall  have  power 
and  authority  to  purchase,  sell,  exchange,  lease 
or  otherwise  acquire  or  dispose  of  all  supplies, 
stock,  material,  machinery  and  implements  and 
do  all  other  things  necessary  or  proper  in  the 
construction,  improvement  or  maintenance  of 
said  state  highway.  The  department  of  engineer- 
ing in  accordance  with  law  shall  have  power  and 
authority  to  purchase,  lease,  or  erect  plants  for 
manufacture  of  cement,  crushed  rock  and  other 
materials  used  in  road  or  highway  work,  and  also 
the  power  to  dispose  of  said  plants  when  no 


2-^ca 


[Nine] 


longer  required  for  such  purposes.  With  the 
exception  of  those  public  highways  which  have 
been  permanently  improved  under  county  or 
permanent  road  division  bond  issues  within  nine 
years  prior  to  the  adoption  of  this  act,  all  public 
highways  within  this  state  lying  within  the  right 
of  way  of  said  state  highway  as  determined  and 
adopted  by  the  department  of  engineering  shall 
be  and  the  same  shall  become  a part  of  the  right 
of  way  of  said  state  highway,  without  compensa- 
tion being  paid  therefor ; provided,  nothing  herein 
contained  shall  require  the  state  to  maintain  any 
highway  along  or  on  said  right  of  way,  prior  to 
the  completion  or  acquisition  of  the  permanent 
improvements  contemplated  by  this  act.  When- 
ever any  money  received  from  the  sale  of  bonds, 
under  the  provisions  of  this  act,  shall  be  ex- 
pended in  any  county  in  this  state,  such  county 
must  pay  into  the  state  treasury  such  sum  each 
year  as  shall  equal  the  interest,  at  the  rate  of 
four  and  one-half  per  cent  per  annum,  upon  the 
entire  sum  of  money  expended  from  the  proceeds 
of  the  bonds  issued  under  this  act  within  such 
county  in  the  construction  of  said  state  highway, 
less  such  portion  of  said  amount  expended  as  the 
bonds  matured  under  the  provisions  of  this  act 
shall  bear  to  the  total  number  of  bonds  sold  and 
outstanding;  provided,  however,  that  in  all  cases 
where,  by  reason  of  physical  difficulties  to  be 
overcome,  or  other  good  and  sufficient  cause,  the 
stafe  department  of  engineering  shall  determine 
that  the  cost  of  construction  of  any  portion  of 
such  state  highway  in  any  county,  or  counties,  is 
so  great  as  to  entail  an  unjust  and  inequitable 
burden  upon  any  such  county,  or  counties,  in 
refunding  to  the  state  the  sums  so  paid  for  inter- 
est upon  the  bonds  sold  and  the  proceeds  thereof 
applied  as  aforesaid,  such  county,  or  counties, 
shall  not  be  required  to  refund  the  whole  amount 
of  such  interest,  but  only  such  proportion  thereof 
as  the  state  department  of  engineering  shall 
adjudge  to  be  fair  and  reasonable.  All  highways 
constructed  or  acquired  under  the  provisions  of 
this  act  shall  be  permanently  maintained  and 
controlled  by  the  State  of  California. 

Sec.  9.  This  act,  if  adopted  by  the  people, 
shall  take  effect  on  the  thirty-first  day  of  Decem- 
ber, 1916,  as  to  all  its  provisions  except  those 
relating  to,  and  necessary  for,  its  submission  to 
the  people  and  for  returning,  canvassing  and 
proclaiming  the  votes,  and  as  to  said  excepted 
provisions  this  act  shall  take  effect  ninety  days 
after  the  final  adjournment  of  the  present  session 
of  the  legislature. 

Sec.  10.  This  act  shall  be  submitted  to  the 
people  of  the  State  of  California  for  their  rati- 
fication at  the  next  general  election  to  be  holden 
in  the  month  of  November,  nineteen  hundred  and 
sixteen,  and  all  ballots  at  such  election  shall 
have  printed  thereon  the  words  “For  the  State 
Highway  Act  of  1915”  and  such  other  designa- 
tion as  may  be  necessary  to  properly  identify 
this  act.  In  a square  immediately  below  the 
square  containing  s§Lid  words  there  shall  be 
printed  on  said  ballot  the  words  “Against  the 
State  Highway  Act  of  1915.”  Opposite  the  words 
“For  the  State  Highway  Act  of  1915”  and 
“Against  the  State  Highway  Act  of  1915,”  there 
shall  be  left  spaces  * in  which  the  voters  may 
make  or  stamp  a cross  to  indicate  whether  they, 
vote  for  or  against  this  act,  and  those  voting  for 
said  act  shall  do  so  by  placing  a cross  opposite 
the  words  “For  the  State  Highway  Act  of  1915” 
and  those  voting  against  said  act  shall  do  so  by 
placing  a cross  opposite  the  words  “Against  the 
State  Highway  Act  of  1915.”  The  governor  of 
this  state  shall  include  the  submission  of  this  act 
to  the  people  as  aforesaid,  in  his  proclamation 
calling  for  said  general  election. 

Sec.  11.  The  votes  cast  for  or  against  this  act 
shall  be  counted,  returned  and  canvassed  and 
declared  in  the  same  manner  and  subject  to  the 
same  rules  as  votes  cast  for  state  officers,  and  if 
it  appears  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it 
at  such  election,  as  aforesaid,  then  the  same 
shall  have  effect  as  hereinbefore  provided  and 
shall  be  irrepealable  until  the  principal  and  in- 
terest of  the  liabilities  herein  created  shall  be 
paid  and  discharged,  and  the  governor  shall 
make  proclamation  thereof.  But  if  a majority  of 


the  votes  cast,  as  aforesaid,  are  against  this  act 
then  the  same  shall  be  and  become  void. 

Sec.  12.  It  shall  be  the  duty  of  the  secretary  < 
of  state  to  have  this  act  published  in  at  least  one  j 
newspaper  in  each  county,  or  city  and  county,  it  ’ 
one  be  published  therein,  throughout  this  state,  < 
for  three  months  next  preceding  the  general  elec-1 
tion  to  be  holden  in  the  month  of  November,  i 
A.  D.  nineteen  hundred  and  sixteen  ; the  cost  of , 
publication  shall  be  paid  out  of  the  general  fund, } 
on  controller’s  warrants  duly  drawn  for  thej 
purpose. 

Sec.  13.  This  a’ct  shall  be  known  and  cited  as' 
the  “State  Highways  Act  of  1915.” 

Sec.  14.  All  acts  and  parts  of  acts  in  conflict  ^ 
with  the  provisions  of  this  act  are  hereby 
repealed. 

ARGUMENTS  iN  FAVOR  OF  STATE  HIGH- 
WAYS  ACT  OF  1915. 

This  act  provides  for  a bond  issue  of  fifteen! 
million  dollars  to  complete  the  system  of  stated 
highways  outlined  in  the  first  highway  act,  rati-) 
fied  by  vote  of  the  people  in  November,  1910. 

In  addition  to  the  original  system,  this  act! 
provides  for  certain  cross  state  tie-ups  and  ex-yj 
tensions  ; roads  imperatively  needed,  but  beyond 
the  current  resources  of  the  state. 

If  our  splendid  system  of  highways  is  to  be' 
completed,  it  should  be  done  as  a continuous^ 
job,  instead  of  scrapping  the  equipment  and  or-! 
ganization  which  have  taken  years  and  money 
to  create. 

The  completion  of  our  highway  system,  so 
conspicuously  well  begun,  stands  as  the  first 
great  work  before  us,  if  the  development  of  our  ■ 
state  is  not  to  be  hampered.  Good  roads  and ' 
rapid  development  are  synonymous ; they  reduce 
our  hauling  costs  from  30  cents  to  8 cents  per 
ton  mile. 

Our  scenic  mountain  assets  can  not  be  cashed ' 
without  the  mountain  laterals  to  be  built  under 
this  act. 

The  expense  of  this  bond  issue  is  not  levied, 
against  your  home  or  farm;  the  bonds  are  re-, 
tired  from  the  state  corporation  taxes. 

This  is  a measure  for  the  benefit  of  all  the 
state,  and  which  merits  the  support  of  all.  her'i 
citizens,  regardless  of  party  creed,  who  have  the  - 
state’s  interest  at  heart.  William  A.  Avey, 

Assemblyman  Seventy-seventh  District. 


Road  systems  measure  the  success  of  com-;; 
petitive  communities.  California  is  competing 
for  desirable  population  and  capital  investment. 

The  legislature  of  1909  submitted  to  the  people 
a proposed  system  of  roads,  the  estimated  cost 
of  which  was  above  fifty  million  dollars.  In 
1910,  the  people  adopted  this  system  and  appro- 
priated one-third  the  estimated  cost,  or  eighteen 
millions,  for  purposes  of  construction. 

This  one-third  the  estimated  cost  has,  by  good 
management,  completed  three-fifths  the  proposed 
system.  That  the  construction  is  of  a high  type 
and  at  a minimum  expenditure  is  the  verdict  of 
the  world’s  best  road  experts.  The  proposed 
fifteen  million  dollar  bond  issue  will  complete  the 
system  laid  out  under  the  measure  of  1910  and 
provide  funds  to  construct  laterals  whereby 
rapid  and  comfortable  transit  will  be  provided 
from  interior  to  coast  as  well  as  to  extend  the 
original  system  to  the  Arizona  state  line. 

The  state’s  proper  industrial  and  agricultural 
development  demands  the  completion  of  the  sys-| 
tern  along  the  lines  authorized  by  the  people  in 
1910,  and  we  can  not  afford  to  repudiate  the  de-! 
cision  we  made  at  that  time  for  good  roads.. 

N Every  logical  consideration  counsels  the  passage' 
of  the  measure.  • Fred  C.  Scott, 

Assemblyman  Fifty-fifth  District.  ‘ 


[Ten] 


DIRECT  PRIMARY  LAW. 


Submitted  to  electors  by  referendum. 
Amends  provisions  of  Direct  Primary 
Law  of  1913  governing  nominations  at  primary  elections  so  as  to  permit 
declaration  of  party  affiliation  by  elector  at  polls  instead  of  when  registering ; 
prescribes  official  ballot  containing  names  of  all  candidates ; electors  declaring 
at  polls  affiliation  with  party  to  vote  for  candidates  of  that  party  only  and  for 
present  non-partisan  offices,  electors  not  so  declaring  to  vote  for  non-partisan 
offices  only;  requires  election  officer,  before  delivering  ballot  to  elector,  to 
cancel  such  portion  thereof  as  elector  is  not  entitled  to  vote. 


YES 


NO 


Whereas,  the  legislature  of  the  State  of  Cali- 
fornia, in  extra  session  in  January,  1916,  passed, 
and  the  governor  of  the  State  of  California,  on 
the  11th  day  of  January,  1916,  approved  a cer- 
tain act,  which  act,  together  with  its  title,  is  in 
the  words  and  figures  following,  to  wit : 

An  act  to  amend  an  act  entitled  “An  act  to  pro- 
vide for  and  regulate  primary  elections,  and 
providing  a method  for  choosing  the  dele- 
gates for  political  parties  to  state  conventions 
and  for  nominating  electors  of  president  and 
vice-president  of  the  United  States,  and  pro- 
viding for  the  election  of  party  county  cen- 
tral committee^,  and  to  repeal  the  act  ap- 
proved April  7,  1911,  known  as  the  direct 
primary  law,  and  also  to  repeal  the  act 
approved  December  24,  1911,  amending  sec- 
tions one,  three,  five,  seven,  ten,  twelve, 
thirteen,  twenty-two,  twenty-three,  and 
twenty-four  of  the  said  direct  primary  law, 
and  also  to  repeal  all  other  acts  or  parts  of 
acts  inconsistent  with  or  in  conflict  with  the 
provisions  of  this  act”  ; approved  June  16, 
1913,  by  amending  sections  one,  two,  four, 
five,  seven,  nine,  ten,  twelve,  thirteen,  six- 
teen, seventeen,  nineteen,  twenty-one,  twen- 
ty-two, twenty-three,  twenty-four,  twenty- 
five,  twenty-eight,  thirty,  and  thirty-three 
thereof. 

The  people  of  the  State  of  California  do  enact 
as  follows : 

Proposed  Amendments. 

Section  1.  Section  one  of  an  act  entitled  “An 
act  to  provide  for  and  regulate  primary  elections, 
and  providing  a method  for  choosing  the  dele- 
gates for  political  parties  to  state  conventions 
and  for  nominating  electors  of  president  and 
vice-president  of  the  United  States,,  and  pro- 
viding for  the  election  of  party  county  central 
committees,  and  to  repeal  the  act  approved 
April  7,  1911,  known  as  the  direct  primary  law, 
and  also  to  repeal  the  act  approved  December  24, 
1911,  amending  sections  one,  three,  five,  seven, 
ten,  twelve,  thirteen,  twenty-two,  twenty-three, 
and  twenty-four  of  the  said  direct  primary  law, 
and  also  to  repeal  all  other  acts  or  Darts  of  acts 
inconsistent  with  or  in  conflict  with  the  pro- 
visions of  this  act,”  approved  June  16,  1913,  is 
hereby  amended  to  read  as  follows : 

Section  1.  Words  and  phrases  where  used  in 
this  act  shall,  unless  such  construction  be  incon- 
sistent with  the  context,  be  construed  as  follows : 

1.  The  words  “primary  election,”  any  and 
every  primary  nominating  election  provided  for 
by  this  act. 

2.  The  words  “August  primary  election,”  the 
primary  election  held  in  August  to  nominate  can- 
didates to  be  voted  for  at  the  enduing  November 
election  or  to  elect  members  of  a party  central 
committee  or  delegates  to  a party  convention. 


3.  The  words  “May  presidential  primary  elec- 
tion,” any  such  primary  election,  held  in  May  of 
each  year  of  the  general  November  election  at 
which  electors  of  president  and  vice-president  of 
the  United  States  are  to'  be  chosen,  as  shall  pro- 
vide for  the  indication  of  preferehce  in  the 
several  political  parties  for  party  candidates  for 
president  of  the  United  States  through  the  elec- 
tion of  delegates  to  national  party  conventions. 

4.  The  word  “election,”  a general  state,  county, 
city  or  city  and  county  election  as  distinguished 
from  a primary  election,  recall  election,  or 
special  election. 

5.  The  words  “November  election,”  either  the 
presidential  election,  or  the  general  state,  county, 
or  city  and  county  election  held  in  November  of 
each  even  numbered  year. 

6.  The  words  “judicial  officer,”  any  justice  of 
the  supreme  court,  justice  of  a district  court  of 
appeal,  judge  of  the  superior  court,  justice  of  the 
peace,  or  justice  of  such  inferior  court  as  the 
legislature  may  establish  in  any  county,  town- 
ship, incorporated  city  or  town,  or  city  and 
county ; and  the  words  “judicial  office,”  the  office 
filled  by  any  of  the  above  judicial  officers. 

7.  The  words  “school  officer,”  the  superintend- 
ent of  public  instruction  and  the  superintendent 
of  schools  of  a county  or  city  and  county  ; and 
the  words  “school  office,”  the  office  filled  by  any 
of  the  above  school  officers. 

8.  The  words  “county  officer,”  any  officer 
elected  within  the  boundaries  of  any  county  or 
city  and  county,  except  a member  of  the  state 
senate  or  assembly  or  a member  of  the  house  of 
representatives  of  the  congress  of  the  United 
States  or  a member  of  any  party  county  central 
committee  or  delegate  to  a state  convention  from 
a hold-over  senatorial  district ; and  the  words 
“county  office,”  the  office  filled  by  any  county 
officer.  The  words  “township  officer,”  any  such 
county  officer  as  is  elected  within  the  boundaries 
of  any  judicial  township  that  is  now  or  may  be 
hereafter  provided  by  law  ; and  the  words  “town- 
ship office,”  the  office  filled  by  any  township 
officer. 

9.  The  word  or  words  “political  party,” 
“party,”  “political  organization,”  or  “organiza- 
tion,” a political  party  or  organization  of  electors 
which  has  qualified,  as  hereinafter  provided,  for 
participation  in  any  primary  election ; and  such 
party  or  organization  shall  be  deemed  to  have  so 
qualified  when  one  or  both  of  the  following  con- 
ditions have  been  complied  with : 

(a)  If  at  the  last  preceding  November  election 
there  was  polled  for  any  one  of  its  candidates 
who  was  the  candidate  of  such  party  only  for 
any  office  voted  on  throughout  the  state,  at  least 
three  per  cent  of  the  entire  vote  of  the  state,  or 
for  any  one  of  its  candidates  who  was  the  joint 
candidate  of  such  party  and  any  other  party  for 


[Eleven] 


any  office  voted  on  throughout  the  state,  at  least 
six  per  cent  of  the  entire  vote  of  the  state  ; or 

(b)  If  on  or  before  a date  which  shall  be  the 
fiftieth  day  before  any  primary  election,  there 
shall  be  filed  with  the  secretary  of  state  a petition 
signed  by  registered  qualified  electors  of  the 
state,  equal  in  number  to  at  least  three  per  cent 
of  the  entire  vote  of  the  state  at  the  last  pre- 
ceding November  election,  declaring  that  they 
represent  a political  party  or  organization  the 
name  of  which  shall  be  stated  therein,  which 
party  said  electors  desire  to  have  participate  in 
such  primary  election;  such  petition  to  be  circu- 
lated, signed,  and  the  signatures  thereon^  of  the 
registered  electors  certified  to  and  transmitted  to 
the  secretary  of  state  by  the  county  clerks  sub- 
stantially as  provided  in  section  five  of  this  act, 
for  the  circulation,  signing,  certification,  and 
transmission  of  nomination  papers  for  state 
officers  ; providing,  however,  that  no  electors  or 
organization  of  electors  shall  assume  a party 
name  or  designation  which  shall  be  so  similar 
to  the  name  of  an  existing  party  or  organization 
as  to  mislead  voters. 

This  statute  shall  be  liberally  construed,  so 
that  the  real  will  of  the  electors  shall  not  be 
defeated  by  any  informality  or  failure  to  comply 
with  all  the  provisions  of  this  law. 

In  each  county  and  city  and  county  in  this 
state,  having  a registrar  of  voters  or  registrar 
of  voters  and  a board  of  election  commissioners, 
the  powers  conferred  and  the  duties  imposed  in 
this  statute  upon  a county  clerk  and  his  deputies, 
and  other  officers,  in  relation  to  matters  of  elec- 
tion and  polling  places,  shall  be  exercised  and 
performed  by  such  registrar  of  voters  or  his 
deputies,  or  registrar  of  voters  or  his  deputies 
and  board  of  election  commissioners ; and  all 
nominating  papers,  list  of  candidates,  expenses, 
and  oaths  of  office,  required  by  this  statute  to  be 
made  to  county  clerks,  shall  be  filed  with  the 
registrar  of  voters. 

Sec.  2.  Section  two  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  2.  All  candidates  nominated  at  a primary 
election  for  elective  public  offices  shall  be  nomi- 
nated by  direct  vote  at  such  election  held  in 
accordance  with  the  provisions  of  this  act ; pro- 
vided, that  electors  of  president  and  vice-presi- 
dent of  the  United  States  shall  be  nominated  as 
provided  in  subdivision  two  of  section  twenty- 
four  of  this  act.  This  act  shall  not  apply  to 
recall  elections  or  to  special  elections  to  fill 
vacancies ; nor  to  the  nomination  of  officers  of 
municipalities,  counties,  or  cities  and  counties 
whose  charters  provide  a system  for  nominating 
candidates  for  such  officers  ; nor  the  nomination 
of  officers  for  any  district  not  formed  for  munici- 
pal purposes;  nor  to  the  nomination  of  free- 
holders to  be  elected  for  the  purpose  of  framing 
a charter;  nor  to  the  nomination  of  officers  for 
cities  of  the  fifth  and  sixth  classes,  nor  to  the 
nomination  of  school  district  officers. 

Sec.  3.  Section  four  of  said  act  ,is  hereby 
amended  to  read  as  follows : 

Sec.  4.  1.  At  least  forty  days  before  the  time 

of  holding  the  August  primary  election  in  1916 
and  biennially  thereafter,  the  secretary  of  state 
shall  prepare  and  transmit  to  each  county  clerk 
and  to  the  registrar  of  voters  in  any  city  and 
county  a notice  in  writing  designating  all  the 
offices,  except  township  offices,  for  which  candi- 
dates are  to  be  nominated  at  such  primary  elec- 
tion together  with  the  names  of  the  political 
parties  qualified  to  participate  in  such  election. 

2.  Within  ten  days  after  receipt  of  such  notice 
such  county  clerk  or  registrar  of  voters  in  any 
city  and  county  shall  publish  once  in  each  week 


for  two  successive  weeks  in  not  more  than  two 
newspapers  published  in  such  county  or  city  and 
county  so  much  thereof  as  may  be  applicable  to 
his  county,  including  a statement  of  the  town- 
ship offices  in  the  county  for  which  candidates 
are  to  be  nominated,  and  a statement  of  ffie 
number  of  members  of  the  county  central  com- 
mittee to  be  elected  by  each  political  party  in 
each  supervisorial  or  assembly  district,  as  the 
case  may  be,  according  to  the  provisions  of  sub- 
division four  of  section  twenty-four  of  this  act. 

3.  In  the  case  of  primary  elections  other  than 
the  August  primary  elections  the  city  clerk  or 
secretary  of  the  legislative  body  of  the  political 
subdivision  for  which  such  primary  election  shall 
be  held  shall  cause  one  publication  of  such  notice 
to  be  given,  such  publication  to  be  not  more 
than  forty  and  not  less  than  fourteen  days  before 
such  primary  election. 

Sec.  4.  Section  five  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  5.  1.  The  name  of  no  candidate  shall  be 

printed  on  an  official  ballot  to  be  used  at  any 
primary  election  unless  at  least  forty  days  prior 
to  the  primary  election,  if  the  candidate  is  to  be 
voted  for  at  the  August  primary  election  or  the 
May  presidential  primary  election,  and  at  least 
twenty-five  days  prior  to  the  primary  election, 
if  the  candidate  is  to  be  voted  for  at  a primary 
election  other  than  the  August  or  May  primary 
election,  a nomination  paper  nominating  such 
candidate  shall  have  been  prepared,  circulated, 
signed,  verified  and  left  with  the  county  clerk 
for  examination,  or  for  examination  and  filing, 
in  the  manner  provided  by  this  act. 

2.  (a)  The  candidate  may  appoint  verification 
deputies  to  serve  within  the  county  or  city  and 
county  in  which  such  deputies  reside  in  securing 
signatures  to  his  nomination  paper  for  nomina- 
tion to  the  office  for  which  he  is  a candidate,  and 
the  verification  deputies  thus  appointed  shall  be 
recognized  as  the  duly  authorized  verification 
deputies  to  secure  signatures  to  the  nomination 
paper  of  such  candidate  in  such  county  or  city 
and  county.  The  document  in  which  such  veri- 
fication deputies  are  appointed  as  herein  pro- 
vided shall  be  filed  with  the  county  clerk  of  the 
county  or  city  and  county  in  which  such  verifica- 
tion deputies  reside,  at  or  before  the  time  the 
nomination  paper  of  the  candidate  is  left  with 
the  county  clerk  for  filing  or  for  examination  as 
provided  in  subdivision  four  of  this  section.  Said 
document  shall  be  in  substantially  the  following 
form : 

I,  the  undersigned,  a candidate  for  the  __ — 

party  nomination  for  the  office  of which 

nomination  is  to  be  made  by  direct  vote  at  a 

primary  election  to  be  held  on  the day  of 

August,  19 , do  hereby  appoint  the  following 

registered  qualified  electors  of  the  county  of 

as  verification  deputies  to  obtain  signatures  in 
said  county  to  a nomination  paper  placing  me  in 

nomination  as  a candidate  of  said party 

for  said  office  of  

Verification  Deputies. 

Name.  Residence. 


(Signature) 

(Residence) 

Filed  in  the  office  of  the  county  clerk  of 

county  this day  of  _19-£ounty  clerk. 

By” , Deputy. 


[Twelve] 


In  case  it  is  desired  to  appoint  additional  veri- 
fication deputies  to  secure  signatures  to  the 
nomination  paper  of  such  candidate,  one  or  more 
similar  documents  may  be  filed  to  supplement  the 
first  document.  When  the  office  for  which  the 
candidate  is  proposed  is  a judicial  office,  school 
office,  county  office,  or  township  office,  the  words 

“ party,'’  and  the  words  “of  said party,” 

shall  be  omitted  from  said  document.  Or,  as  an 
alternative  to  the  foregoing  portion  of  this  sec- 
tion and  subdivision,  verification  deputies  may  be 
appointed  in  behalf  of  a candidate  as  follows : 

2.  (b)  Any  five  qualified  electors  of  any 

county  or  city  and  county  may  join  in  proposing 
a candidate  for  nomination  to  any  office  to  be 
voted  on  in  such  county  or  city  and  county  at 
the  next  ensuing  primary  election,  and  in 
appointing  verification  deputies  to  serve  within 
such  county  or  city  and  county  in  securing  signa- 
tures to  the  nomination  paper  of  such  candidate 
for  such  office.  If  the  office  is  an  office  the  can- 
didate for  which  is  to  be  voted  on  in  more  than 
one  county,  he  may  be  proposed  for  nomination 
as  herein  provided  by  five  of  the  registered  quali- 
fied electors  in  each  of  the  counties  in  which  such 
electors  may  desire  to  circulate  a nomination 
paper  in  his  behalf.  The  signatures  of  the  said 
five  qualified  electors  shall  be  verified  free  of 
charge  before  any  officer  authorized  to  admin- 
ister an  oath,  and  the  document  containing  such 
signatures  shall  be  filed  with  the  county  clerk 
of  the  county  or  city  and  county  in  which  said 
five  qualified  electors  reside,  at  or  before  the  time 
the  nomination  paper  of  the  candidate  is  left 
with  the  county  clerk  or  registrar  of  voters  for 
filing  or  for  examination  as  provided  in  sub- 
division four  of  this  section.  In  said  document 
the  five  signers  shall  make  a statement  that  the 
party  for  nomination  by  which  they  are  pro- 
posing the  candidate  is  the  same  party  as  that 
with  which  they  intend  to  affiliate  at  the  en- 
suing primary  election;  and  shall  make  affidavit 
that  the  candidate  therein  named  for  the  office 
therein  specified  has  given  his  consent  to  be 
thus  proposed  for  nomination  to  such  office; 
and  shall  also  state  that  the  verification  depu- 
ties therein  appointed  are  duly  registered 
qualified  electors  of  said  county  or  city  and 
county;  and  the  verification  deputies  therein 
appointed  shall  be  recognized  as  the  duly  au- 
thorized verification  deputies  to  secure  signa- 
tures to  the  nomination  paper  of  such  candidate 
in  such  county  or  city  and  county.  Said  docu- 
ment shall  be  substantially  in  the  following 
form: 

State  of  California,  ) 

County  of j ss‘ 

We,  the  undersigned,  do  solemnly  swear  (or 
affirm)  that  we  are  each  qualified  electors  of  the 

county  of , State  of  California,  and  we  do 

hereby  propose ',  who  resides  (at  No. , 

street  in  the  city  of)  or  (in  the  town  of) 

, county  of , as  a candidate  for  the 

nomination  of  the party  for  the  office  of 

, to  be  voted  for  at  the  primary  election  to 

be  held  on  the day  of  August,  19 ; and  we 

do  solemnly  swear  (or  affirm)  that  said 

has  consented  to  this  proposal  of  his  name  as 
candidate  for  the  nomination  for  said  office.  We 
hereby  appoint  the  following  registered  qualified 
electors  of  this  county  as  verification,  deputies  to 
obtain  signatures  in  this  county  to  the  nomi- 
nation paper  of  said to  said  office  of 

We  each  do  hereby  declare  it  our  intention  to 

affiliate  with  said party  at  said  primary 

election. 


Verification  Deputies. 

Name.  Residence. 


etc.  etc. 

(Signed) 

Name.  Residence. 


Subscribed  and  sworn  to  before  me  this 

day  of , 19 

( Seal ) 

Notary  Public  (or  other  official). 

In  case  it  is  desired  to  appoint  additional 
verification  deputies  to  secure  signatures  to  the 
nomination  paper  of  said  candidate,  one  or  more 
similar  documents  may  be  filed,  to  supplement 
the  first  document.  When  the  office  for  which 
the  candidate  is  proposed  is  a judicial  office, 
school  office,  county  office,  or  township  office,  the 
provisions  of  this  subdivision  shall  apply,  except 
that  the  five  qualified  electors  shall  make  no 
statement  of  their  intention  as  to  party  affilia- 
tion and  may  affiliate  with  different  parties  or 
with  no  party;  and  the  candidate  proposed  for 
nomination  shall  not  be  so  proposed  as  the 
candidate  of  any  party. 

3.  Verification  deputies  appointed  as  provided 
in  subdivision  two  of  this  section  to  obtain  sig- 
natures to  the  nomination  paper  of  any  candidate 
for  any  office  to  be  voted  for  at  any  primary 
election,  may,  at  any  time  not  more  than  seventy 
days  nor  less  than  forty  days  prior  to  such  elec- 
tion, obtain  signatures  to  such  nomination  paper 
of  such  candidate  for  such  office  ; provided,  that 
prior  to  primary  elections  other  than  August 
primary  elections  or  May  presidential  primary 
elections,  signatures  may  be  obtained  not  more 
than  forty  nor  less  than  twenty-five  days  prior 
to  such  election.  Each  signer  shall  declare  that 
at  the  ensuing  primary  election  it  is  his  inten- 
tion to  affiliate  with  the  party  for  nomination 
by  which  he  is  proposing  the  candidate,  and  that 
he  has  not  signed  a nomination  paper  for  any 
candidate  of  any  other  party  for  such  primary 
election,  nor  a nomination  paper  for  any  other 
candidate  for  the  same  office.  He  shall  also 
declare  his  intention  to  support  such  candidate 
for  nomination,  and  shall  add  his  place  of  resi- 
dence, giving  his  street  and  number  if  any. 
His  election  precinct  shall  also  appear  on  the 
paper  just  preceding  his  name,  and  he  shall 
write  the  date  of  his  signature  at  the  end  of 
the  line  just  after  his  residence.  Any  nomi- 
nation paper  may  be  presented  in  sections,  but 
each  section  shall  contain  the  name  of  the 
candidate  and  the  name  of  the  office  for  which 
he  is  proposed  for  nomination.  Each  section 
shall  bear  the  name  ’of  the  city  or  town,  if 
any,  and  also  the  name  of  the  county  or  city 
and  county,  in  which  it  is  circulated,  and  only 
qualified  electors  of  such  county  or  city  and 
county  shall  be  competent  to  sign  such  section. 
Any  section  circulated  within  any  incorporated 
city  or  town  shall  be  signed  only  by  registered 
qualified  electors  of  such  city  or  town.  Each 
section  shall  be  prepared  with  the  lines  for  signa- 
tures numbered,  and  shall  have  attached  thereto 
the  affidavit  of  the  verification  deputy  who  has 
obtained  signatures  to  the  same,  stating  that  all 


[Thirteen] 


the  signatures  to  the  attached  section  were  made 
in  his  presence,  and  that  to  the  best  of  his 
knowledge  and  belief,  each  signature  to  the  sec- 
tion is  the  genuine  signature  of  the  person  whose 
name  it  purports  to  be;  and  no  other  affidavit 
thereto  shall  be  required.  The  affidavit  of  any 
verification  deputy  obtaining  signatures  here- 
under shall  be  verified  free  of  charge  by.  any 
officer  authorized  to  administer  an  oath.  Such 
nomination  paper  so  verified  shall  be  prima  facie 
evidence  that  the  signatures  thereto  appended, 
are  genuine  and  that  the  persons  signing  the 
same  are  registered  qualified  electors,  unless  and 
until  it  is  otherwise  proven  by  comparison  of 
such  signatures  with  the  affidavits  of  registration 
in  the  office  of  the  county  clerk  or  registrar  of 
voters.  Each  sectiofi  of  the  nomination  paper, 
after  being  verified,  shall  be  returned  by  the 
verification  deputy  who  circulated  it  to  one  of  the 
live  electors  by  whom  the  said  verification  deputy 
was  appointed  ; and  in  this  manner  all  the  sec- 
tions circulated  in  any  county  shall  be  collected 
by  said  five  electors  of  that  county  and  shall  be 
by  them  arranged  for  filing  or  for  examination, 
as  provided  in  subdivision  four  of  this  section. 
In  case  said  verification  deputy  was  appointed 
directly  by  the  candidate  according  to  the  pro- 
visions of  subdivision  two  (a)  of  this  i section, 
the  collecting  and  arranging  of  the  sections  of 
the  nomination  paper  shall  be  done  by  the  can- 
didate, or  on  his  behalf,  instead  of  by  the  five 
electors”  as  hereinbefore  provided.  Each  section 
of  the  nomination  paper  shall  be  in  substance  as 
follows:  , ... 

County  of , city  (or  town)  of (if 

Nomination  paper  of candidate  for 

party  nomination  for  the  office  of 

State  of  California,  ) gg> 

County  of > 

Signer’s  Statement. 

I,  undersigned,  am  a qualified  elector  of  the 

city  (or  town)  of , county  of , State  of 

California;  and  I hereby  nominate  — L-,  who 

resides  at  No. street,  city  of  , county 

0X State  of  California,  as  a candidate  for 

the"  nomination  of  the party  for  the  office 

of to  be  voted  for  at  the  primary  election 

to  be  held  on  the day  of  August,  19--.  I 

' have  not  signed  the  nomination  paper  of  any 
other  candidate  for  the  same  office,  and  I further 
declare  that  I intend  to  support  for  such  nomina- 
tion the  candidate  named  herein. 

I furthermore  declare  that  1 intend  to  affiliate 

with  said party  at  the  next  ensuing  primary 

election,  and  that  l have  not  signed  the  nomi- 
nation paper  of  this  candidate,  or  any  other 
candidate  for  office,  as  candidate  of  any  other 


No. 

Precinct  j Signature 

Residence 

Pate 

1 

o 

r ~ * 1 

L 

o 

6 

A 

‘1 

5 

!- "TV • j 

etc. 

Verification  Deputy’s  Affidavit. 

j solemnly  swear  (or  affirm)  that  I have 

ieen  appointed  according  to  the  provisions  of 
section  five  of  the  direct  primary  law,  as  a veri- 
ication  deputy  to  secure  signatures  in  the  county 

)f to  the  nomination  paper  of as  can- 

lidate  for  the  nomination  of  the  — --  party 
the  office  of ; that  all  the  signatures  on  this 

[Fourteen] 


section  of  said  nomination  paper,  numbered  from 

one  to , inclusive,  were  made  in  my  presence, 

and  that,  to  the  best  of  my  knowledge  and  belief, 
each  of  said  signatures  is  the  genuine  signature 
of  the  person  whose  name  it  purports  to  be. 

(Signed)  

Verification  Deputy. 

Subscribed  and  sworn  to  before  me  this 

day  of , 19 — < , tyT VAX'” 

(Seal)  ; 

Notary  Public  (or  other  official). 

In  the  case  of  a nomination  paper  for  any 
candidate  for  a judicial  office,  school  office, 
county  office,  or  township  office,  the  provisions  of 
this  subdivision  shall  apply,  except  that  no  such 
nomination  paper  nor  any  section  thereof  shall 
contain  the  name  of  any  political  party  with 
which  any  signer  thereto  intends  to  affiliate, 
nor  shall  the  candidate  be  referred  to  as  a 
candidate  for  the  nomination  of  any  party. 

In  case  two  or  more  persons  are  to  be  elected 
to  the  same  office  at  the  same  election,  an 
elector  may  sign  the  nomination  papers  of  as 
many  persons  as  there  are  persons  to  be  elected 
to  such  office,  and  such  act  on  the  part  of  such 
elector  shall  not  be  deemed  in  conflict  with  the 
signer’s  statement  herein  provided. 

4.  Prior  to  the  filing  of  a nomination  paper  for 
any  candidate,  the  sections  thereof  must  be  num- 
bered in  order  and  fastened  together  by  cities  or 
towns  or  portions  of  the  county  not  included  in 
such  cities  or  towns,  substantially  in  the  manner 
required  for  the  binding  of  affidavits  of-  registra- 
tion by  the  provisions  of  section  eleven  hundred 
thirteen  of  the  Political  Code  ; provided,  that  the 
sections  of  the  nomination  paper  may  be  pre- 
ceded by  an  index  of  precincts,  arranged  by 
cities,  towns  or  outside  territory  in  the  numerical 
or  alphabetical  order  of  such  precincts  for  each 
such,  city,  town  or  outside  territory  and  showing 
after  the  name  or  number  of  such  precinct  the 
numbers  of  the  sections  on  which  the  names  of 
the  electors  registered  in  such  precinct  are  to  be 
found,  and  after  the  number  of  each  section,  the 
number  (in  parenthesis)  of  times  such  names 
are  to  be  so  found  on  such  section.  ■ Such  index 
shall  be  in  substantially  the  following  form: 


City  of. 


No.  of 
precinct 

Numbers  of  sections  containing  voters  of 
precinct 

1 

1 (3  times) 

2 (5  times) 

3 (7  times)  etc. 

2 

l (4  times) 

2 (0  times) 

3 (6  times)  etc. 

,etc 

etc. 

Town  of. 


And  provided,  further,  that  for  all  nominations 
of  candidates  to  be  voted  for  in  more  than  one 
county,  or  throughout  the  entire  state,  the  nomi- 
nation papers,  properly  assembled,  may  be  con- 
solidated and  fastened  or  bound  together  by 
counties ; but  in  no  case  shall  nomination  papers 
signed  by  electors  of  different  counties  be  fas- 
tened or  bound  together.  The  county  clerk  or 
registrar  of  voters  of  any  county  or  city  and 
county  shall  examine  all  nomination  papers 
herein  provided  for  which  purport  to  have  been 
signed  by  electors  of  his  county  or  city  and 
county,  and  shall  disregard  and  mark  “not  suffi- 
cient” any  name  appearing  on  such  paper  or 
papers  which  does  not  appear  in  the  same  hand- 
writing on  an  affidavit  of  registration  in  his 
office.  Such  officer  shall  affix  to  all  nomination 
papers  a certificate  reciting  that  he  has  examined 
the  same  and  stating  the  number  of  names 


signed  thereto  which  have  not  been  marked  "not 
sufficient”  as  hereinabove  provided.  All  nomi- 
nation papers  which  by  this  act  are  required  to 
be  filed  in  the  office  of  the  secretary  of  state, 
shall  be  left  with  the  county  clerk  or  registrar 
of  voters  for  examination,  as  above  provided,  at 
least  forty  days  prior  to  the  August  primary 
election  or  the  May  presidential  primary  election, 
and  shall,  with  such  certificate  of  examination 
attached,  within  five  days  after  being  so  left,  be 
forwarded  by  such  county  clerk  or  registrar  of 
voters  to  the  secretary  of  state,  who  shall  receive 
and  file  the  same.  The  verification  of  signatures 
to  nomination  papers  shall  not  be  made  by  the 
candidate,  nor  by  any  county  clerk,  or  registrar 
of  voters,  nor  by  any  of  the  deputies  in  the  office 
of  such  county  clerk  or  registrar  of  voters,  nor 
within  one  hundred  feet  of  anyv  election  booth, 
polling  place,  or  any  place  where  registration  of 
electors  is  being  conducted.  Each  candidate  on 
or  before  the  thirty-fifth  day  prior  to  the  August 
primary  election  or  the  May  presidential  primary 
election,  shall  file  in^the  place  where  his  nomina- 
tion paper  is  required  to  be  filed,  as  provided  in 
section  six  of  this  act,  his  affidavit,  stating  his 
residence,  with  street  and  number,  if  any ; his 
election  precinct ; that  he  is  a qualified  elector  in 
the  election  precinct  in  which  he  resides ; the 
name  of  the  office  for  which  he  desires  to  be  a 
candidate ; and  that  if  nominated  he  will  accept 
such  nomination  and  not  withdraw,  and  that  he 
will  qualify  as  such  officer  if  nominated  and 
elected ; and  he  shall  also  make  the  statement 
required  in  subdivision  five  of  section  six  of  this 
act.  Nothing  in  this  act  contained  shall  be  con- 
strued to  limit  the  rights  of  any  person  to 
become  the  candidate  of  more  than  one  political 
party  for  the  same  office  upon  complying  with 
the  requirements  of  this  act,  but  no  person  shall 
be  entitled  to  become  a candidate  for  more  than 
one  office  at  the  same  election. 

5.  Except  in  the  case  of  a candidate  for  nomi- 
nation to  a judicial  office,  school  office,  county 
office,  or  township  office,  nomination  papers  shall 
be  signed  as  follows:  If  the  candidate  is  the 
candidate  for  an  office  to  be  voted  on  throughout 
the  state,  by  not  less  than  one-half  of  one  per 
centum  and  not  more  than  two  per  centum  of 
the  vote  constituting  the  basis  of  percentage  as 
defined  in  subdivision  six  of  this,  section,  of  the 
party  of  the  candidate  seeking  nomination, 
within  the  state  ; if  the  candidate  is  the  candi- 
date for  an  office  to  be  voted  on  in  some  political 
subdivision  of  the  state,  but  not  throughout  the 
state,  by  not  less  than  one  per  centum  nor  more 
than  two  per  centum  of  the  vote  constituting  the 
basis  of  percentage,  as  defined  in  subdivision  six 
of  this  section,  of  the  party  of  the  candidate 
seeking  nomination  within  said  political  sub- 
division in  which  such  candidate  seeks  nomi- 
nation. 

6.  Except  in  case  of  a candidate  for  nomina- 
tion to  a judicial  office,  school  office,  county 
office,  or  township  office,  the  basis  of  percentage 
in  each  political  party  shall  be  the  vote  polled 
for  such  party’s  candidate  for  United  States 
senator,  at  the  last  preceding  November  elec- 
tion at  which  a United  States  senator  was 
elected,  in  the  state  or  in  that  political  sub- 
division for  which  the  candidate  is  proposed  for 
nomination.  Such  party’s  candidate  for  United 
States  senator  may  have  been  the  candidate, 
either  of  the  party  alone,  or  of  the  party  in 
conjunction  with  one  or  more  other  parties. 
But  if  such  political  party  did  not  have  any 
candidate  for  United  States  senator  at  such  last 
preceding  November  election  at  which  a United 
States  senator  was  elected,  the  nomination 


paper  must  be  signed  by  not  less  than  one-half 
of.  one  per  centum  nor  more  than  two  per 
centum  of  the  total  vote  polled  for  all  the  candi- 
dates for  United  States  senator,  at  such  last 
preceding  November  election  in  the  state  or 
political  subdivision  for  which  the  candidate  is 
proposed  for  nomination. 

7.  Whenever  by  rearrangement  of  political 
subdivisions  of  the  state  by  any  legislature, 
board  of  supervisors  or  other  legislative  body, 
the  boundaries  of  such  political  subdivisions  are- 
changed,  the  highest  vote  polled  by  each  party  in 
each  of  the  new  political  subdivisions  shall  bo 
determined  as  follows : If  the  change  occurs 
wholly  within  any  county  or  city  and  county,  the 
county  clerk  or  registrar  of  voters  of  such  county 
or  city  and  county  shall  determine  as  nearly  as 
possible  the  highest  vote  of  each  party  in  the 
new  political  subdivision  by  adding  together  for 
each  party  the  highest  vote  in  each  of  the  former 
precincts  which  now  are  combined  to  make  up 
such  new  political  subdivision.  If  the  change 
occurs  outside  the  limits  of  any  county  or  city 
and  county,  the  secretary  of  state  shall  deter- 
mine the  highest  vote  of  each  party  in  such  new 
political  subdivision  by  adding  together  for  each 
party  the  highest  vote  in  the  counties  which  now 
are  combined  to  make  up  such  new  political  sub- 
division. In  the  same  way  that  the  highest  vote 
for  each  party  in  each  new  political  subdivision 
is  ascertained,  shall  also  be  ascertained  the  total 
vote,  as  is  required  to  be  determined  by  the 
provisions  of  subdivision  nine  of  this  section. 

8.  Nothing  herein  shall  be  construed  as  pro- 
hibiting the  independent  nomination  of  candi- 
dates as  provided  by  section  one  thousand  one 
hundred  eighty-eight  of  the  Political  Code ; 
except  that  a candidate  who  has  filed  nomination 
papers  as  one  of  the  candidates  for  nomination 
to  any  office  on  the  ballots  of  any  political  party 
at  a primary  election  held  under  the  provisions 
of  this  act,  and  who  is  defeated  for  such  party 
nomination  at  such  primary  election,  shall  be- 
ineligible  for  nomination  as  an  independent  can- 
didate for  the  same  office  at  the  ensuing  general 
election  ; and  no  person  shall  be  permitted  to  file 
nomination  papers  for  a party  nomination  and  an 
independent  nomination  for  the  same  office,  or 
for  more  than  one  office  at  the  same  election. 
Nor  shall  any  person  whose  name  has  been  writ- 
ten in  upon  any  ballot  or  ballots  for  any  office 
at  any  primary  election,  have  his  name  placed 
upon  the  ballot  as  a candidate  for  such  office  at 
the  ensuing  general  election,  except  under  the 
provisions  of  section  one  thousand  one  hundred 
eighty-eight  of  the  Political  Code,  unless  at  such 
primary  election  he  shall  have  received  for  such 
office  votes  equal  in  number  to  the  minimum 
number  of  signatures  to  the  nomination  paper 
which  would  have  been  required  to  be  filed  to 
have  placed  his  name  on  the  primary  ballot  as  a 
candidate  for  nomination  to  such  office. 

9.  In  the  case  of  a candidate  for  nomination  to 
a judicial  office,  school  office,  county  office,  or 
township  office,  nomination  papers  shall  be 
signed  by  not  less  than  one-half  of  one  per 
centum,  nor  more  than  two  per  centum  of  the 
total  vote  cast  at  the  last  general  election  in  the 
state  or  political  subdivision  thereof  in  which 
such  candidate  for  judicial  or  school,  county,  or 
township  office  seeks  nomination. 

10.  The  officer  with  whom  nomination  papers 
are  filed  shall  keep  a record  in  which  he  shall 
enter  the  names  of  every  person  presenting  the 
same  for  filing,  the  name  cf  the  candidate,  the 
title  of  the  office,  the  party,  if  any,  and  the  tifne 
of  filing. 


[Fifteen] 


Sec.  5.  Section  seven  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  7.  1.  A filing  fee  of  fifty  dollars  shall  be 

paid  to  the  secretary  of  state  by  each  candidate 
for  state  office  or  for  the  United  States  senate, 
except  as  otherwise  provided  in  this  section. 

2.  A filing  fee  of  twenty-five  dollars  shall  be 
paid  to  the  secretary  of  state  by  each  candidate 
for  representative  in  congress  or  for  any  office, 
except  member  of  state  senate  and  assembly,  to 
be  voted  for  in  any  district  comprising  more  than 
one  county. 

3.  A filing  fee  of  ten  dollars  shall  be  paid  to 
the  secretary  of  state  by  each  candidate  for  the 
state  senate  or  assembly. 

4.  A filing  fee  of  ten  dollars  shall  be  paid  to 

the  county  clerk  or  registrar  of  voters  in  any 
city  and  county  when  the  nomination  paper  or 
papers  and  affidavit  of  any  candidate  to  be  voted 
for  wholly  within  one  county  or  city  and  county 
are  filed  with  such  county  clerk  or  registrar  of 
voters.  „ , . , A 

5.  A filing  fee  of  ten  dollars  shall  be  paid  to 
the  city  clerk  or  secretary  of  the  legislative  body 
of  any  municipality  when  the  nomination  paper 
or  papers  and  affidavit  of  any  candidate  for  a 
city  office  are  filed  with  such  clerk  or  secretary 
of  such  legislative  body. 

6 No  filing  fee  shall  be  required  from  any 
person  to  be  voted  for  at  the  May  presidential 
primary  election,  or  from  any  candidate  for  an 
office  to  the  holder  of  which  no  compensation  is 
required  to  be  paid,  or  for  township  offices  the 
compensation  to  the  holder  of  which  does  not 
exceed  the  sum  of  nine  hundred  dollars  per 


cUUXUUl.  , , , . 

7.  In  no  case  shall  the  secretary  of  state, 
county  clerk,  or  city  clerk,  place  the  name  of 
any  candidate  on  the  ballot  or  certify  any  such 
name  to  be  placed  thereon  until  the  requisite 
filing  fee  has  first  been  paid. 

8.  When  a person  for  whom  a nomination 
paper  has  not  been  filed  is  nominated  for  an 
office  by  having  his  name  written  on  a primary 
election  ballot,  he  must  pay  the  same  filing  fee 
that  would  have  been  required  if  his  nomination 
paper  had  been  filed;  otherwise  his  name  must 
not  be  printed  on  the  ballot  at  the  ensuing 
general  election. 

9.  When  a candidate  for  nomination  to  office 

fs  proposed  for  nomination  by  more  than  one 
political  party,  he  must  pay  a separate  filing 
fee  for  each  party  in  which  he  is  proposed  for 
nomination;  or  if,  having  filed  a nomination 
paper  for  one  party,  he  is  nominated  by  an- 
other party  by  having  his  name  written  on  a 
primary  election  ballot,  he  must  pay  the  same 
filing  fee  for  such  other  party  nomination  that 
would  have  been  required  if  his  nomination 
paper  for  such  other  party  had  been  filed;  other- 
wise his  name  shall  not  be  printed  on  the 
general  election  ballot  as  the  nominee  of  such 
other  party.  , 

10.  The  secretary  of  state,  county  clerk  or  city 
clerk  with  whom  the  nomination  papers  of  any 
candidate  are  filed  pursuant  to  the  provisions  of 
this  act  shall,  if  the  same  be  found  sufficient, 
unless  the  filing  fee  therefor  has  been  paid, 
forthwith  notify  such  candidate  in  writing  of 
the  filing  of  such  nomination  papers  and  demand 
payment  of  the  required  filing  fee. 

Sec.  6.  Section  nine  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  9.  The  expense  of  providing  all  ballots, 
blanks,  rubber  stamps,  colored  pencils,  and  other 
supplies  necessary  to  be  used  at  any  primary 
election  according  to  the  provisions  of  this  act 
'md  all  expenses  necessarily  incurred  in  the 


preparation  for  or  the  conduct  of  such  primary 
election  shall  be  paid  out  of  the  treasury  of  the 
city,  city  and  county,  county  or  state,  as  the 
case  may  be,  in  the  same  manner,  with  like  effect 
and  by  the  same  officers  as  in  the  case  of  general 
elections. 

Sec.  7.  Section  ten  of  said  act  is  hereby 
amended  to  read  as  follows: 

Sec.  10.  At  least  thirty  days  before  any 
August  primary  election  preceding  a November 
election  or  before  any  May  presidential  primary 
election  the  secretary  of  state  shall  transmit  to 
each  county  clerk  or  registrar  of  voters  a certi- 
fied list  containing  the  name  and  post  office 
address  of  each  person  for  whom  nomination 
papers  have  been  filed  in  the  office  of  such  secre- 
tary of  state,  including  the  candidate  for  delegate 
to  a state  convention,  if  any,  from  a “hold-over 
senatorial  district”  and  who  is  entitled  to  be 
voted  for  in  such  county  at  such  primary  elec- 
tion, together  with  a designation  of  the  office  for 
which  such  person  is  a candidate  and  except  in 
the  case  of  a judicial  office,  or  a school  office  of 
the  party  or  principle  he  represents.  Such 
county  clerk  or  registrar  of  voters  shall  forth- 
with, upon  receipt  thereof,  publish  under  the 
proper  party  designation  the  title  of  each  office 
(except  a judicial  office  or  a school  office)  which 
appears  upon  the  certified  list  transmitted  by  the 
secretary  of  state  as  hereinbefore  provided,  to- 
gether with  the  names  and  addresses  of  all  per- 
sons for  whom  nomination  papers  have  been  filed 
for  each  of  said  offices  in  the  office  of  the  secre- 
tary of  state,  and  also  the  names  of  all  candi- 
dates for  the  county  central  committee,  filed  in 
the  office  of  the  county  clerk  or  registrar  of 
voters.  He  shall  also  publish  the  title  of  each 
judicial  office,  school  office,  county  office,  and 
township  office,  together  \yith  the  names  and 
addresses  of  all  persons  for  whom  nomination 
papers  have  been  filed  for  each  of  said  offices, 
either  in  the  office  of  the  secretary  of  state  or  in 
the  office  of  the  county  clerk  or  registrar  of 
voters,  and  shall  state  that  candidates  for  said 
judicial,  school,  county,  and  township  offices  may 
be  voted  for  at  the  primary  election,  by  any  regis- 
tered, qualified  elector  of  the  county.  He  shall 
also  publish  the  date  of  the  primary  election,  the 
hours  during  which  the  polls  will  be  open,  and 
that  the  primary  election  will  be  held  at  the 
legally  designated  polling  places  in  each  precinct, 
which  shall  be  particularly  designated.  It  shall 
be  the  duty  of  the  eounty  clerk  or  registrar  of 
voters  in  any  city  and  county  to  cause  such  pub- 
lication to  be  made  once  each  week  for  two 
successive  weeks  prior  to  said  primary  election. 

Sec.  8.  Section  twelve  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  12.  1.  All  voting  at  primary  elections 

shall  be  by  ballot.  On  all  ballots  provided  for 
use  at  an  August  primary  election,  the  columns 
on  the  left  hand  side  of  the  ballot  shall  be  used 
as  party  columns,  the  first  column  being  oc- 
cupied by  the  names  of  candidates  for  nomi- 
nation by  one  party,  the  next  column  for  an- 
other party,  and  so  on.  These  party  columns 
shall  be  separated  from  one  another  by  a heavy 
double  line  or  rule.  Every  political  party  en- 
titled to  participate  in  the  August  primary 
election,  shall  appear  separately  in  one  of  these 
party  columns  (the  column  being  headed  by 
the  name  of  the  party),  provided  such  party 
has  any  candidate  for  any  office  whose  nomina- 
tion paper  has  been  filed  according  to  the  pro- 
visions of  this  act.  The  order  of  .the  offices 
under  each  party  designation  shall  be  as  fol- 
lows: first,  “congressional,”  including  the 

groups  of  names  for  United  States  senator  in 


'Sixteen] 


congress,  if  any,  and  for  representative  in  con- 
gress; next,  under  the  heading  “state”  shall  be 
printed  the  groups  of  names  of  candidates  for 
state  offices,  except  judicial  and  school  offices, 
and  for  members  of  the  state  board  of  equali- 
zation. In  elections  when  state  officers  are  not 
to  be  nominated,  this  heading  shall  be  omitted: 
next,  under  the  heading  ^'legislative”  shall 
be  printed  the  groups  of  names  for  state  senator, 
it  any,  for  member  of  assembly,  and  for 
election  as  delegate  to  the  state  convention  from 
a hold-over  senatorial  district,  if  any.  Finally 
under  the  heading  “county  committee”  shall  be 
printed  the  names  of  the  candidates  for  election 
to  membership  in  the  county  central  committee 
ot  the  party.  The  names  of  the  parties  at  the 
heads  of  the  party  columns  shall  be  arranged  in 
alphabetical  order  for  the  first  assembly  dis- 
tnct;  and  thereafter  for  each  succeeding  as- 
sembly district,  the  party  column  appearing 
fir,,  ,m  . e ,ast  preceding  assembly  district 
shall  be  placed  last,  the  order  of  the  other  party 
columns  remaining  unchanged.  Each  elector 
shall  be  entitled  to  vote  for  the  candidates  for 
office  who  are  proposed  for  nomination  in  that 
party  with  which  he  shall  declare  his  affiliation 
at  the  time  he  receives  his  ballot,  and  for  no 
other  party  candidates  except  as  he  may  write 
in  the  names  of  such  other  candidates  in  the 
blanks  provided  for  that  purpose,  if  he  does 
not  express  a desire  to  affiliate  with  any  party 
he  shall  not  be  entitled  to  vote  at  such  primary 
election  for  the  nomination  of  any  candidates 
for  any  of  the  offices  appearing  in  these  party 
columns;  but  he  shall  be  entitled  to  vote  for 
candidates  for  all  judicial,  school,  county,  and 
township  offices,  whether  he  expresses  a de- 
sire to  affiliate  with  any  party  or  not. 

2.  To  the  right  of  these  party  columns  shall  be 
a solid  black  line,  extending  down  trom  the 
printed  lines  separating  the  instructions  to  voters 
from  the  lists  of  names  of  candidates  to  the  bot- 
tom margin  of  the  ballot.  In  the  case  of  a 
primary  election  for  the  nomination  of  candi- 
dates to  be  voted  for  at  a presidential  or  general 
state  election,  the  order  of  precedence  for  the 
columns  to  the  right  of  this  solid  black  line  shall 
be  as  follows,  that  is  to  say:  Under  the  heading 

judicial  shall  be  printed  all  the  names  of  can- 
didates for  judicial  offices,  in  the  order  of  chief 
justice  supreme  court,  associate  justices  supreme 
court,  judge  of  district  court  of  appeals,  judge  of 
superior  court,  justice  of  the  peace  and  other 
Judicial  officers,  if  any.  Next,  under  the  heading 
school  shall  be  printed  all  the  names  of  candi- 
dates for  school  offices  in  the  order  of  state 
superintendent  of  public  instruction  and  county 
superintendent  of  schools.  Next,  under  the  head- 
ingJ-Jcounty’’  shail  be  printed  the  groups  of 
candidates  for  all  county  and  township  offices 
except  judicial  or  school  offices.  In  the  case  of 
primary  elections  where  nominations  are  to  be 
made  for  only  a portion  of  these  offices,  at  the 
right  of  the  solid  black  dividing  line  there  may 
be  only  one  column.  The  tally  sheets  furnished 
to  election  officers  shall  have  the  names  of  offices 
and  candidates  arranged  in  the  order  in  which 
said  names  of  offices  and  candidates  are  printed 
on  the  ballots  according  to  the  provisions  of  this 
section.  In  the  case  of  primary  elections  for  the 
nomination  of  candidates  for  city,  city  and 
county  or  municipal  offices  only,  the  order  of 
precedence  shall  be  determined  by  the  legislative 
body  of  such  city  or  municipality  or  by  the 
board  of  election  commissioners  of  any  such  city 
and  county.  J 

3.  The  group  of  names  of  candidates  for  nomi- 
nation for  any  judicial,  school,  county,  or  town- 
ship  office  shall  include  all  the  names  receiving 
the  requisite  number  of  signatures  on  nomination 
papers  for  such  office;  but  the  groups  of  names 

?inrtf'J1fi.da*teS  i0rV offlCu  aPPearing  on  the  ballots 
under  the  lead  of  each  political  party  shall  com- 
prise only  the  names  of  candidates  for  nomina- 
tion  by  such  party.  If  any  candidate  is  nomi- 
nated  to  fill  out  a short  term  office  as  distin- 
guished from  another  candidate  on  the  same 
ba Mot  nominated  for  a full  term  of  the  same 
office,  the  words  “short  term”  or  “full  term,”  as 
the  case  may  be,  shall  be  printed  below  the  title 
of  such  offices  on  the  ballot,  preceding  the 
respective  groups  of  names  of  candidates? 


4.  It  shall  be  the  duty  of  the  county  clerk  of 
each  county  to  provide  printed  official  ballots  to 
be  used  at  any  August  primary  election  or  May 
presidential  primary  election.  It  shall  be  the 
duty  of  the  city  clerk  to  provide  printed  official 
ballots  for  any  primary  election  held  within  the 
municipality  of  which  he  is  an  officer  for  the 
purpose  of  nominating  candidates  to  be  voted  on 
therein  at  a municipal  election.  Such  official 
ballots  shall  be  printed  upon  official  paper  fur- 
nished in  the  manner  provided  by  section  one 
thousand  one  hundred  ninety-six  of  the  Political 
Code,  and  such  ballots  to  be  used  at  any  August 
primly  election,  shall  be  in  the  form  herein- 
after provided.  The  names  of  all  candidates  for 
the  respective  offices  for  whom  nomination 
papers  have  been  duly  filed  shall  be  printed 
thereon. 

5.  Across  the  top  of  the  primary  election  ballot 

shall  be  printed  in  heavy  faced  gothic  capital 
type,  not  smaller  than  forty-eight  point,  the 
words:  Official  primary  election  ballot,”  pro- 

viding that  on  any  primary  ballot  less  than  four 
columns  in  width  said  words  may  be  printed  in 
heavy  faced  gothic  capital  type  not  smaller  than 
twenty-four  point.  Beneath  the  heading  “official 
primary  election  ballot,”  shall  appear  in  heavy 
faced  gothic  capital  type,  the  name  of  the  county 
in  which  the  ballot  is  being  used;  and  at  least 
three-eighths  of  an  inch  below  the  name  of  the 

shall  appear  the  supervisor  district,  pro- 
viding there  are  no  more  than  five  assembly  dis- 
tricts  in  the  county,  or  the  assembly  district,  pro- 
viding there  are  more  than  five  assembly  districts 
m the  county;  the  word  “district”  to  be  followed 
in  either  case  by  a semicolon  and  the  date  of  the 
pnmary  election.  At  least  three-eighths  of  an 
inch  below  the  district  designation  and  the  date 
of  the  pnmary  election  shall  be  printed  in  ten- 
point  black  gothic  type,  double  leaded,  the  fol- 
lowing instructions  to  voters:  “To  vote  for  a 
person  whose  name  appears  on  the  ballot,  stamp 
a cross  ( X ) in  the  square  at  the  right  of  the 
name  of  the  person  for  whom  you  desire  to  vote. 
1°  vote  for  a person  whose  name  is  not  printed, 
on  the  ballot,  write  his  name  in  the  blank  space 
provided  for  that  purpose;  and  it  is  optional,  but 
not  necessary,  to  stamp  a cross  after  such  name. 
Vote  for  candidates  of  that  party  only  which  is 
not  marked  ‘cancelled’  by  the  election  officer: 
but  vote  for  candidates  for  any  or  all  of  the 
non-partisan  offices.” 

6.  The  instructions  to  voters  shall  be  separated 

from  the  lists  of  candidates  by  one  heavy  and 
one  light  line  or  rule.  The  names  of  the  candi- 
dates and  the  respective  offices  shall,  except  as 
may  be  hereinafter  otherwise  provided,  be  printed 
on  the  ballot  in  parallel  columns,  each  two  and 
one-quarter  inches  wide.  The  first  columns  of 
the  baMot  to  the  left  of  the  solid  black  line  shall 
each  be  headed  by  the  name  of  a party  printed 
m heavy  faced  gothic  capital  type;  and  to  the 
right  of  the  solid  black  line  shall  appear  in 
similar  type  the  heading  “non-partisan  offices.” 
These  headings  shall  all  be  printed  directly 
under  the  heavy  and  light  line  or  rule,  and  shall 
be  separated  from  the  lists  of  candidates  by  a 
single  line  or  rule.  3 

7.  The  order  in  which  the  list  of  candidates 
tor  any  office  shall  appear  upon  the  primary  elec- 
tion ballot  shall  be  determined  as  follows  : 

(a)  If  the  office  is  an  office  the  candidates  for 
which  are  to  be  voted  on  throughout  the  entire 
state,  including  United  States  senator  in  con- 
gress, the  secretary  of  state  shall  arrange  the 
names  of  all  candidates  for  such  office  in  alpha- 
betical  order  for  the  first  assembly  district ; and 
thereafter  for  each  succeeding  assembly  district, 
the  name  appearing  first  for  each  office  in  the 
last  preceding  district  shall  be  placed  last,  the 
°Lthe.  names  remaining  unchanged. 

If  the  office  is  that  of  representative  in  congress, 
or  member  of  the  state  board  of  equalization,  or 
1S  aa  office  the  candidates  for  nomination  to 
which  are  to  be  voted  on  in  more  than  one 
county  or  city  and  county,  but  not  throughout 
the  entire  state,  except  the  office  of  state  senator 
or  assemblyman,  or  delegate  to  the  state  conven- 
tion from  a hold-over  senatorial  district,  the  sec- 
reta.ry  of  state  shall  arrange  the  names  of  all 
candidates  for  such  office  in  alphabetical  order 
for  that  assembly  district  which  is  lowest  in 


—CA 


[Seventeen] 


numerical  order  of  any  assembly  district  in 
which  such  candidates  are  to  be  voted  on  ; and 
thereafter  for  such  succeeding  assembly  district 
in  which  such  candidates  are  to  be  voted  on,  the 
name  appearing  first  for  such  office  in  the  last 
preceding  district  shall  be  placed,  last,  the  order 
of  the  other  names  remaining  unchanged.  In 
transmitting  to  each  county  clerk  or  registrar  of 
voters  the  certified  list  of  names  as  required  in 
section  ten  of  this  act,  the  secretary  of  state 
shall  certify  and  transmit  the  list  of  candidates 
for  nomination  to  each  office  according1  to  as- 
sembly districts,  in  the  order  of  arrangement  as 
determined  by  the  above  provisions  ; and  in  the 
case  of  each  county  or  city  and  county  containing 
more  than  one  assembly  district,  he  shall  trans- 
mit separate  lists  for  each  'assembly  district. 
Except  for  the  office  of  state  senator  or  assem- 
blyman, the  order  in  which  the  names  filed  with 
the  secretary  of  state  shall  appear  upon  the 
ballot,  shall  be  for  each  assembly  district  the 
order  as  determined  by  the  secretary  of  state  m 
accordance  with  the  above  provisions,  and  as 
certified  and  transmitted  by  him  to  each  county 
clerk  or  registrar  of  voters. 

(b)  If  the  office  is  an  office  to  be  voted  <?n 
throughout,  but  wholly  within,  one  county  or 
city  and  county,  except  the  office  of  representa- 
tive in  congress,  member  of  the  state  board  ot 
equalization,  state  senator  or  assemblyman  or 
delegate  to  the  state  convention  from  a hold-over 
senatorial  district,  the  county  clerk  of  such 
county  or  the  registrar  of  voters  of  such  city  and 
county,  shall  arrange  the  names  of  all  candidates 
for  such  office  in  alphabetical  order  for  the  first 
supervisor  district ; and  thereafter  for  each 
supervisor  district,  the  name  appearing  first  for 
each  such  office  in  the  last  preceding  supervisor 
district  shall  be  placed  last,  the  order 

other  names  remaining  unchanged , provided, 
thei-e  are  no  more  than  five  assembly  districts 
in  such  county,  or  city  and  county.  If 
more  than  five  assembly  districts  in  such  county, 
OT?etty  aSd  county,  the  county  oler^ or  registrar 
of  voters  shall  so  arrange  on  the  ballot  the  order 
of  names  of  all  candidates  for  such  office  that 
they  shall  appear  in  alphabetical  order  for  that 
assembly  district  in  such  county,  or  city  and 
county,  which  is  lowest  in  numerical  order,  and 
thereafter  for  each  succeeding  assembly  district 
in  such  county,  or  city  and  county,  the  name 
appearing  first  for  each  office  in  the  last  pre- 
ceding assembly  district  shall  be  placed  last,  the 
order  of  the  other  names  remaining  unchanged. 

(c)  If  the  office  is  that  of  state  senator  or 

assemblyman,  or  delegate  to  the  state  convention 
from  a “hold-over  senatorial  district,  or  member 
of  a county  central  committee,  or  any  office 
except  the  office  of  representative  m congress  to 
be  voted  on  wholly  within  any  county  or  city 
and  county  but  not  throughput  such  county  or 
citv  or  countv,  the  names  of  all  candidates  ior 
such  office  shall  be  placed  upon  the  ballot  m 
alphabetical  order.  . . . . . QT1V 

(d)  If  the  office  is  a municipal  office  m any 

city  or  town  whose  charter  does  not  provide  for 
the  order  in  which  names  shall  appear  on  the 
ballot,  the  names  of  candidates  for  such  office 
shall  be  placed  upon  the  ballot  in  alphabetical 
nrripr  * 

8 in  publishing  the  names  and  addresses  of 
all  candidates  for  whom  nomination  papers  have 
been  filed,  as  required  in  section  ten  of  this  act, 
the  county  clerk  or  registrar  of  voters  shall  pub- 
lish the  names  in  the  order  in  which  they  will 
appear  upon  the  ballot ; provided,  that  in  counties 
or  cities  and  counties  containing  more  than  five 
assembly  districts  the  order  of  names  of  candi- 
dates shall  be  that  of  the  assembly  district  in 
syich  county  or  city  and  county  which  is  iowest 
in  numerical  order,  and  that,  in  all  other  coun- 
ties, the  order  shall  be  that  of  the  first  super- 
visor district.  , , _ 

9.  Each  group  of  candidates  to  be  voted  on 
shall  be  preceded  by  the  designation  of  the  office 
for  which  the  candidates  seek  nomination,  jmd 
the  words  “vote  for  one”  or  “vote  for  two  or 
more  according  to  the  number  to  be  elected  to 
such  office  at  the  ensuing  election  Such  desig- 
nation of  the  office  to  be  nominated  for  and  of 
the  number  of  candidates  to  be  nominated  shall 


be  printed  in  heavy  faced  gothic  type,  not 
smaller  than  ten  point.  The  word  or  words 
designating  the  office  shall  be  printed  flush  with 
the  left-hand  margin  and  the  words  vote  for 
one”  or  “vote  for  two”  or  more,  as  the  case  may  * 
be,  shall  extend  to  the  extreme  right  of  the 
column  and  over  the  voting  square.  The  desig- 
nation of  the  office  and  the  direction  for  voting 
shall  be  separated  from  the  names  of  the  candi- 
dates by  a light  line.  , „ . , 

10.  The  names  of  the  candidates  shall  be 
printed  on  the  ballot  without  indentation,  in 
roman  capital  type  not  smaller  than  eight  point, 
between  light  lines  or  rules,  not  less  than  one- 
quarter  nor  more  than  three-eighths  of  an  inch 
apart.  Under  each  group  of  names  of  candi- 
dates shall  be  printed  as  many  blank  spaces, 
defined  by  light  lines  or  rules,  not  less  than  <?ne- 
quarter  nor  more  than  three-eighths  of  an  inch 
apart,  as  there  are  to  be  candidates  nominated 
for  such  office.  To  the  right  of  the  names  of 
the  candidates  shall  be  printed  a light  line  or 
rule  so  as  to  form  a voting  square  not  less  than 
one-quarter  nor  more  than  three-eighths  of  an 
inch  square.  Each  series  of  groups  shall  be 
headed  by  the  word  “congressional,”  “state, 
“legislative,”  judicial,”  “school,”  “county,  or 
“municipal”  or  other  proper  general  classifica- 
tion, as  the  case  may  be,  printed  in  heavy  faced 
gothic  capital  type,  not  smaller  than  twelve 
point.  All  official  primary  election  ballots  to  be 
used  at  any  August  primary  election  shall  have 
printed  on  the  back  and  immediately  below  the 
center  thereof,  in  eighteen-point  gothic  capital 
type,  the  words  “official  primary  election  ballot, 
and  underneath  these  words  the  respective  num- 
bers of  the  congressional,  senatorial  and  assem- 
bly districts  in  which  each  ballot  is  to  be  voted.. 
If  there  are  no  more  than  five  assembly  districts 
in  the  county,  there  shall  also  be  added  the  name 
of  the  supervisor  district  and  of  the  county,  as 

follows:  “ supervisor  district  of county. 

The  ballot  shall  be  printed  on  a single  leaf  with  a 
stub  and  separated  therefrom  by  a perforated  line 
across  the  top  of  the  ballot.  On  each  ballot  a per- 
forated line  shall  extend  from  top  to  bottom  one- 
half  inch  from  the  right  hand  side  of  such  ballot, 
and  upon  the  half-inch  strip  thus  formed  there 
shall  be  no  printing  except  the  number  of  the 
ballot  which  shall  be  on  the  back  of  each  strip, 
in  such  position  that  it  shall  appear  on  the  out- 
side when  the  ballot  is  folded.  The  number  on 
each  ballot  shall  be  the  same  as  that  on  the  cor- 
responding stub,  and  the  ballots  and  stubs  shall 
be  numbered  consecutively  in  each  county  ; pro- 
vided, that  the  sequence  of  numbers  on  such 
official  ballots  and  stubs  shall  begin  with  the 
number  one.  The  official  ballots  shall  be  made 
up  in  stub  books,  each  book  to  contain  ten,  or 
some  multiple  of  ten  ballots,  in  the  manner  pro- 
vided  by  law  for  official  election  ballots,  and 
except  as  to  the  order  of  the  names  of  candidates 
shall  be  printed  in  substantially  the  following 
form : 

[Form  of  ballot  on  page  19.] 

Sec.  9.  Section  thirteen  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  13.  At  least  twenty  days  before  the 
August  primary  election  or  before  the  May 
presidential  primary  election  each  county  clerk 
or  registrar  of  voters  in  every  county  or  city  and 
county  shall  prepare  a sample  ballot,  placing 
thereon  in  the  order  provided  by  law,  and  under 
the  appropriate  title  of  each  office,  the  names  of 
all  candidates  for  whom  nomination  papers  with 
the  requisite  number  of  “sufficient”  signatures 
have  been  duly  filed  with  him,  or  have  been 
certified  to  him  by  the  secretary  of  state,  to  be 
voted  for  at  the  primary  election  in  his  county 
or  city  and  county.  Such  sample  ballot  shall  be 
printed  on  paper  of  a different  color  and  texture 
from  the  paper  to  be  used  on  the  official  baiiOL, 
and  shall  be  mailed  to  each  voter  entitled  to  vote 
at  such  August  primary  election  not  more  than 
twenty  nor  less  than  seven  days  before  the  elec- 
tion The  county  clerk,  on  or  before  the  first 
day  on  which  sample  ballots  are  mailed  to  the 
voters,  shall  mail  a copy  to  each  candidate  for, 
whom  nomination  papers  have  been  filed  with 
him  or  whose  name  has  been  certified  to  him  by 


[Eighteen] 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

MONTEREY  COUNTY 

Third  Supervisor  District;  August  29, 1916 


To  vote  for  e person  whose  name  appears  on  the  ballot,  stamp  a cross  <X>  In  the  square  at  the  RICHT  of  the  name  of  the  person  for  whom  you  desire  to  vote.  To 
VOte  for  a person  whose  name  Is  not  printed  on  the  ballot,  write  his  name  In  the  blank  space  provided  for  that  purpose;  and  It  Is  optional,  but  not  necessary,  to  stamp 
a cross  after  such  name.  'Vote  for  candidates  of  that  party  only  which  Is  oot  marked  “cancelled"  by  the  election  officer;  but  vote  for  candidates  for  any  or  all  of  ths 
non-partisan  offices. 


[Form  for  printing  on  back  of  ballot:] 
OFFICIAL  PRIMARY  ELECTION  BALLOT 
EIGHTH  CONGRESSIONAL  DISTRICT 
SEVENTEENTH  SENATORIAL  DISTRICT 
FORTY-EIGHTH  ASSEMBLY  DISTRICT 
THIRD  SUPERVISORIAL  DISTRICT  OF  MONTEREY  COUNTY 


[Nineteen] 


the  secretary  of  state,  to  the  post  office  address 
as  given  in  such  nomination  paper  or  certifica- 
tion, and  he  shall  post  a copy  of  such  samplp 
ballot  in  a conspicuous  place  in  his  office.  Be- 
fore such  primary  election  the  county  clerk  shall 
cause  the  official  ballot  to  be  printed  as  provided 
in  section  twelve  of  this  act,  and  distributed  in 
the  same  manner  and  in  the  same  quantities  as 
provided  in  sections  one  thousand  one  hundred 
ninety-eight,  one  thousand  one  hundred  ninety- 
nine  and  one  thousand  two  hundred  one  of  the 
Political  Code  for  the  distribution  of  ballots  for 
elections.  In  the  case  of  primary  elections  for 
the  nomination  of  candidates  for  city  offices  it 
shall  be  the  duty  of  the  city  clerk,  or  such  other 
officer  charged  by  law  with  the  duty  of  prepar- 
ing and  distributing  the  official  ballots  used  at 
elections  in  such  city  or  municipality,  to  pre- 
pare and  mail  the  sample  ballot  and  to  prepare 
and  distribute  the  official  primary  election  bal- 
lots, and  so  far  as  applicable  the  provisions  of 
this  act  shall  apply  to  the  nomination  of  all 
candidates  for  city  offices. 

Sec.  10.  Section  sixteen  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  16.  Any  elector  offering  to  vote  at  a 
primary  election  may  be  challenged  by  any  elec- 
tor of  the  city,  city  and  county  or  county,  upon 
either  or  all  of  the  grounds  specified  in  section 
one  thousand  two  hundred  thirty  of  the  Political 
Code,  but  his  right  to  vote  the  primary  election 
ticket  of  the  political  party  with  which,  on 
receiving  his  ballot,  he  declares  his  intention  to 
affiliate,  shall  not  be  challenged  on  any  ground 
or  subjected  to  any  tests  other  than  those  pro- 
vided by  the  constitution  and  section  one  thou- 
sand two  hundred  thirty  of  the  Political  Code  of 
this  state,  except  on  the  ground  of  his  having 
previously  declared  his  intention  to  affiliate  with 
another  political  party  at  such  primary  election, 
such  declaration  having  been  expressed  at  the 
time  of  his  signing  the  nomination  paper  of  a 
candidate  of  such  other  party. 

Sec.  11.  Section  seventeen  of  said  act  is 
hereby  amended  to  read  as  follows : 

Sec.  17.  Any  elector  qualified  to  take  part  in 
any  primary  election,  who  has,  at  least  thirty 
days  before  the  day  of  such  primary  election, 
qualified  by  registration,  as  provided  by  section 
one  thousand  ninety-six  of  the  Political  Code, 
shall  be  entitled  to  vote  at  such  primary  election, 
such  right  to  vote  being  subject  to  challenge  only 
as  hereinabove  provided ; and  on  writing  his 
name  or  having  it  written  for  him  on  the  roster, 
as  provided  by  law  for  general  elections  in  this 
state,  he  shall  likewise  write  or  have  written 
upon  the  roster  the  name  of  the  political  party 
with  which  he  intends  to  affiliate  in  voting  for 
candidates  for  office  at  the  next  ensuing  Novem- 
ber election.  He  shall  then,  in  an  audible  tone  of 
voice,  declare  to  the  election  officer  from  whom 
he  receives  his  ballot  the  name  of  such  political 
party  with  which  he  intends  to  affiliate,  and  the 
clerk  whose  duty  it  is,  according  to  law,  to 
write  the  name  of  the  elector  on  the  poll  list, 
shall  also  write  opposite  such  name  the  name  of 
said  political  party  with  which  the  elector  de- 
clares it  his  intention  to  affiliate.  At  the  August 
primary  election,  the  election  officer  having 
charge  of  the  ballots,  before  giving  him  his 
ballot,  shall  write  with  ink,  or,  with  a stamp 
provided  for  the  purpose,  stamp  the  word  “can- 
celled” across  the  tops  of  the  party  columns,  and 
shall  draw  a blue  pencil  line  down  the  middle  of 
such  columns,  which  are  headed  by  the  names 
of  all  the  political  parties  except  that  with  which 
the  elector  thus  declares  his  intention  to  affiliate, 
and  the  elector  shall  be  entitled  to  vote  only  for 
candidates  for  nomination  to  offices  printed  or 
written  in  under  the  name  of  such  party  as  is 
not  thus  marked  “cancelled.”  If  the  voter  does 
not  express  a desire  to  affiliate  with  any  party, 
be  need  not  write,  or  declare,  or  have  written  the 
name  of  any  political  party,  and  in  such  case 
the  election  officer  shall  write  or  stamp  the  word 
“cancelled”  and  draw  the  blue  line  across  the 
names  of  all  candidates  for  nomination  to  office 
in  the  party  columns,  and  the  elector  shall  not 
be  entitled  to  vote  for  any  such  candidates.  No 
one  shall  be  entitled  to  vote  at  any  primary  elec- 
tion who  has  not  been  a resident  of  the  state 
one  year,  of  the  county  ninety  days,  and  of  the 


precinct  thirty  days,  next  preceding  the  day 
upon  which  such  primary  election  is  held.  The 
voter  shall  be  instructed  by  a member  of  the 
board  as  to  the  proper  method  of  marking  and 
folding  his  ballot,  and  he  shall  theVi  retire  to 
an  unoccupied  booth  and  without  undue  delay 
stamp  the  same  with  the  rubber  stamp  there 
found.  If  he  shall  spoil  or  deface  the  ballot  he 
shall  at  once  return  the  same  to  the  ballot 
clerk  and  receive  another. 

Sec.  12.  Section  nineteen  of  said  act  is  hereby 
amended  to  read  as  follows : 

Sec.  19.  When  a voter  has  stamped  his  ballot 
he  shall  fold  it  so  that  its  face  shall  be  concealed 
and  only  the  printed  designation  on  the  back 
thereof  shall  be  visible,  and  hand  the  same  to 
the  member  of  the  board  in  charge  of  the  ballot 
box.  Such  folded  ballot  shall  be  voted  as  ballots 
are  voted  at  general  elections,  and  the  name  of 
the  voter  checked  upon  the  affidavit  of  registra- 
tion as  having  voted. 

Sec.  13.  Section  twenty-one  of  said  act  is 
hereby  amended  to  read  as  follows: 

Sec.  21.  As  soon  as  the  polls  are  finally  closed 
the  judges  must  immediately  proceed  to  canvass 
the  votes  cast  at  such  primary  election.  The 
canvass  must  be  public,  in  the  presence  of  by- 
standers, and  must  be  continued  without  adjourn- 
ment until  completed  and  the  result  thereof  de- 
clared. Except  as  hereinafter  provided,  the  can- 
vass shall  be  conducted,  completed  and  returned 
as  provided  by  sections  one  thousand  two  hun- 
dred fifty-four,  one  thousand  two  hundred  fifty- 
five,  one  thousand  two  hundred  fifty-six,  one 
thousand  two  hundred  fifty-seven,  one  thousand 
two  hundred  fifty-eight,  one  thousand  two  hun- 
dred fifty-nine,  one  thousand  two  hundred  sixty, 
one  thousand  two  hundred  sixty-one,  one  thou- 
sand two  hundred  sixty-two,  one  thousand  two 
hundred  sixty-three,  one  thousand  two  hundred 
sixt>-four,  one  thousand  two  hundred  sixty- 
four  a,  one  thousand  two  hundred  sixty-five,  one 
thousand  two  hundred  sixty-six,  one  thousand 
two  hundred  sixty-seven,  and  one  thousand  two 
hundred  sixty-eight  of  the  Political  Code  of  this 
state ; provided,  however,  that  the  board  of  elec- 
tion shall  count  all  the  votes  cast  for  each  party 
candidate  for  the  several  offices  and  record  the 
same  by  parties  on  the  tally  lists;  and  count  all 
the  votes  on  all  the  ballots  for  the  candidates  for 
judicial,  school,  county,  and  township  offices,  and 
record  the  same  on  the  tally  lists;  and  provided, 
also,  that  no  vote  shall  be  counted  for  any  party 
candidate  unless  stamped  or  written  in  the 
column  of  that  party  which  the  voter  was 
entitled  to  vote;  and  all  votes  written  in  such 
column  shall  be  counted  only  as  cast  for  the 
nomination  of  such  candidate  as  the  candidate 
of  the  party  whose  name  appears  at  the  head  of 
the  column. 

Sec.  14.  Section  twenty-two  of  said  act  is 
hereby  amended  to  read  as  follows: 

Sec.  22.  The  board  of  supervisors  of  each 
county,  the  board  of  election  commissioners  in 
any  city  and  county,  or,  in  the  case  of  a city  or 
municipal  primary  election,  the  officers  charged 
by  law  with  the  duty  of  canvassing  the  vote  at 
any  city  or  municipal  election  in  such  political 
subdivision,  shall  meet  at  the  usual  place  of 
such  meeting,  or  at  any  other  place  permitted  by 
law,  at  one  o’clock  in  the  afternoon  of  the  first 
Thursday  after  each  primary  election  to  canvass 
the  returns,  or  as  soon  thereafter  as  all  the 
returns  are  in.  When  begun  the  canvass  shall 
be  continued  until  completed,  which  shall  not  be 
later  than  six  o’clock  in  the  afternoon  of  the 
sixteenth  day  following  such  primary  election. 
The  clerk  of  the  hoard  must,  as  soon  as  the 
result  is  declared,  enter  upon  the  records  of  such 
board  a statement  of  such  result,  which  state- 
ment shall  contain  the  whole  number  of  votes 
cast  for  each  candidate  of  each  political  party 
for  each  candidate  for  each  judicial,  school, 
county,  or  township  office,  for  each  candidate 
for  delegate,  if  any,  to  a state  convention  from 
a hold-over  senatorial  district,  and  for  each  can- 
didate for  membership  in  the  county  central 
committee;  provided,  however,  that  in  entering 
the  statement  of  such  result,  the  provisions  of 
subdivision  six  of  section  one  thousand  two  hun- 
dred eighty-two  of  the  Political  Code  shall  apply; 
and  a duplicate  as  to  each  political  party  shall 


[Twenty] 


be  delivered  to  the  county,  city  and  county  or 
city  chairman  of  such  political  party,  as  the  case 
may  be.  The  clerk  shall  also  make  an  additional 
duplicate  statement  in  the  same  form,  showing 
the  votes  cast  for  each  candidate  not  voted  for 
wholly  within  the  limits  of  such  county  or  city 
and  county.  The  county  clerk  or  registrar  of 
voters  in  any  city  and  county  shall  forthwith 
send  to  the  secretary  of  state  by  registered  mail 
or  by  express  one  complete  copy  of  all  returns 
as  to  such  candidates,  and  as  to  all  candidates 
for  the  state  assembly,  state  senate,  represen- 
tatives in  congress,  judicial  officers,  except  jus- 
tices of  the  peace,  delegate,  if  any,  to  a state 
convention  from  a hold-over  senatorial  district, 
and  as  to  all  persons  voted  for  at  the  May  presi- 
dential primary  election.  The  clerk  shall  also 
prepare  a separate  statement  of  the  names  of 
the  candidates  of  each  political  party  who  have 
received  the  highest  number  of  votes  for  the 
several  offices  to  be  voted  for  wholly  within  such 
county,  city  and  county,  or  other  political  sub- 
division in  -which  such  primary  election  was  held. 
The  secretary  of  state  shall,  not  later  than  the 
twenty-fifth  day  after  any  primary  election,  com- 
pile the  returns  for  all  candidates  voted  for  in 
more  than  one  county,  and  for  all  candidates 
for  the  assembly,  state  senate,  representatives 
in  congress,  member  of  the  state  board  of 
equalization,  and  judicial  offices  (except  justices 
of  the  peace),  delegate,  if  any,  to  a state  con- 
vention from  a hbld-over  senatorial  district,  and 
for  all  persons  voted  for  at  the  May  presiden- 
tial primary  election,  and  shall  make  out  and 
file  in  his  office  a statement  thereof.  He  shall 
compile  the  returns  for  the  May  presidential 
primary  election  not  later  than  the  twenty-first 
day  after  such  election,  and  shall  compile  said 
returns  in  such  a manner  as  to  show,  for  each 
candidate,  both  the  total  of  the  votes  received 
and  the  votes  received  in  each  congressional 
district  of  the  state. 

Sec.  15.  Section  twenty-three  of  said  act  is 
hereby  amended  to  read  as  follows : 

Sec.  23.  Except  in  the  case  of  a candidate 
for  nomination  to  a judicial  office,  school  office, 
county  office,  or  township  office,  the  person  re- 
ceiving the  highest  number  of  votes,  at  a pri- 
mary election  as  the  candidate  for  the  nomina- 
tion of  a political  party  for  an  office  shall  be 
the  candidate  of  that  party  for  such  office,  and 
his  name  as  such  candidate  shall  be  placed  on 
the  official  ballot  voted  at  the  ensuing  election ; 
provided,  he  has  paid  the  filing  fee  as  required 
by  section  seven  of  this  act. 

In  the  case  of  a judicial  office,  school  office, 
county  office,  or  township  office,  the  candidates 
equal  in  number  to  twice  the  number  to  be 
elected  to  such  office  (or  less,  if  the  total  number 
of  candidates  is  less  than  twice  the  number  of 
offices  to  be  filled)  who  receive  the  highest  num- 
ber of  the  votes  cast  on  all  the  ballots  of  all  the 
voters  participating  in  the  primary  election  for 
nomination  to  such  office,  shall  be  the  candidates 
for  such  office  at  the  ensuing  election,  and  their 
names  as  such  candidates  shall  be  placed  on  the 
official  ballot  voted  at  the  ensuing  election  ; pro- 
vided, however,  that  in  case  there  is  but  one  per- 
son to  be  elected  at  the  November  election  to 
any  judicial,  school,  county,  or  township  office, 
any  candidate  who  receives  at  the  August  pri- 
mary election  a majority  of  the  total  number  of 
votes  cast  for  all  the  candidates  for  such  office 
shall  be  the  only  candidate  for  such  office  whose 
name  shall  be  printed  on  the  ballot  at  the 
ensuing  election;  and  provided,  further,  that  in 
case  there  are  twn  or  more  oersons  to  be  elected 
at  the  November  election  io  any  judicial,  school, 
county,  or  townshio  office,  and  in  case  any  can- 
didates for  such  office  receive  at  the  August  pri- 
mary election  the  votes  of  a majority  of  all  the 
voters  participating  in  the  primary  election  in 
the  state  or  political  subdivision  in  which  said 
office  is  voted  upon  (such  candidates  being 
herein  designated  as  “majority  candidates”) 
said  “majority  candidates”  shall,  if  their  number 
Is  not  less  than  the  number  of  persons  to  be 
elected  to  such  office,  be  the  only  candidates  for 
such  office  whose  names  shall  be  printed  on  the 
ballot  at  the  ensuing  November  election;  and 
If  the  number  of  such  “majority  candidates”  falls 
short  of  the  number  of  persons  to  be  elected  to 


such  office,  the  names  of  said  “majority  candi- 
dates” shall  be  printed  on  the  ballot  at  the  ensu- 
ing November  election,  together  with  such  num- 
ber of  additional  names  only  of  such  other  candi- 
dates receiving  the  next  highest  number  of  votes 
for  nomination  to  such  office  as  may  equal  twice 
the  number  to  be  elected  to  such  office  less 
twice  the  number  of  “majority  candidates”  (or 
a smaller  number,  if  the  list  of  said  other  candi- 
dates is  exhausted).  Of  the  candidates  for  elec- 
tion to  membership  in  the  county  central  com- 
mittee, the  candidates  equal  in  number  to  the 
number  to  be  elected  receiving  the  highest  num- 
ber of  votes  in  their  supervisorial  district  or 
assembly  district,  as  the  case  may  be  in  accord- 
ance with  the  provisions  of  subdivision  four  of 
section  twenty-four  of  this  act,  shall  be  declared 
elected  as  the  representatives  of  their  district  to 
membership  in  such  committee.  It  shall  be  the 
duty  of  the  officers  charged  with  the  canvass  of 
the  returns  of  any  primary  election  in  any 
county,  city  and  county  or  municipality  to  cause 
to  be  issued  official  certificates  of  nomination  to 
such  party  candidates  (other  than  congressional 
and  legislative  candidates,  candidates  for  the 
state  board  of  equalization,  and  delegates  to  the 
state  convention  from  a hold-over  senatorial 
district),  as  have  received  the  highest  number  of 
votes  as  the  candidates  for  the  nomination  of 
such  party  for  any  offices  to  be  voted  for  wholly 
within  such  county,  city  and  county,  or  munici- 
pality, and  cause  to  be  issued  to  each  member  of 
a county  central  committee  a certificate  of  his 
election ; and  to  cause  to  be  issued  official  certifi- 
cates of  nomination  to  such  candidates  for  judi- 
cial, school,  county,  or  township  office  as  may  be 
entitled  to  nomination  under  the  provisions  of 
this  section.  It  shall  be  the  duty  of  the  secre- 
tary of.  state  to  issue  official  certificates  of 
nomination  to  candidates  nominated  under  the 
provisions  of  this  act  for  representatives  in  con- 
gress, members  of  the  state  senate  and  assembly, 
members  of  the  state  board  of  equalization,  and 
officers  voted  for  in  more  than  one  county;  and 
to  issue  a certificate  of  election  to  each  delegate 
elected  to  the  state  convention  from  a hold- 
over senatorial  district;  and  to  issue  certificates 
of  election  to  all  persons  elected  at  the  May 
presidential  primary  election  as  delegates  to  their 
respective  national  party  conventions. 

Not  less  than  thirty  days  before  the  November 
election  the  secretary  of  state  shall  certify  to  the 
county  clerks  or  registrars  of  voters  of  each 
county  and  city  and  county  within  the  state,  the 
name  of  every  person  entitled  to  receive  votes 
within  such  county  or  city  and  county  at  said 
November  election  who  has  received  the  nomina- 
tion as  a candidate  for  public  office  under  and 
pursuant  to  the  provisions  of  this  act,  and  whose 
nomination  is  evidenced  by  the  compilation  and 
statement  required  to  be  made  by  said  secretary 
of  state  and  filed  in  his  office,  as  provided  in 
section  twenty-two  of  this  act.  Such  certificates 
shall  in  addition  to  the  names  of  such  nominees 
respectively,  also  show  separately  and  respec- 
tively for  each  nominee  the  name  of  the  political 
party  or  organization  which  has  nominated  such 
person  if  any  and  the  designation  of  the  public 
office  for  which  he  is  so  nominated. 

Sec.  16.  Section  twenty-four  of  said  act  is 
hereby  amended  to  read  as  follows: 

Sec.  24.  1.  Party  conventions  of  delegates 

chosen  as  hereinafter  provided  may  be  held  in 
this  state,  for  the  purpose  of  promulgating  plat- 
forms and  transacting  such  other  business  of  the 
party  as  is  not  inconsistent  with  the  provisions 
of  this  act. 

2.  The  candidates  of  each  political  party  for 
congressional  offices  and  for  state  offices,  if  any 
except  judicial  and  school  offices,  and  such  candi- 
dates for  senate  and  assembly  as  have  been 
nominated  by  such  political  party  at  the  pri- 
mary election,  and  in  whose  behalf  nomination 
papers  have  been  filed,  together  with  one  dele- 
gate chosen  by  such  political  party  from  each 
senatorial  district  represented  by  a hold-over 
senator,  shall  meet  in  a state  convention  at  the 
state  capitol  at  two  o’clock  in  the  afternoon  of 
the  third  Tuesday  in  September  after  the  date 
on  which  any  primary  election  is  held  prelim- 
mary  to  the  general  November  election.  They 
shall  forthwith  formulate  the  state  platforms  of 


[Twenty-one] 


their  party,  which  said  state  platform  of  each 
political  party  shall  be  framed  at  such  time  that 
it  shall  be  made  public  not  later  than  six  o’clock 
in  the  afternoon  of  the  following'  day.  They  shall 
also  proceed  to  elect  a state  central  committee  to 
consist  of  at  least  three  (3)  members  from  each 
congressional  district,  who  shall  hold  office  until 
a new  state  central  committee  shall  have  been 
selected.  In  each  year  of  the  general  November 
election  at  which  electors  of  president  and  Vice 
president  of  the  United  States  are  to  be  chosen, 
they  shall  also  nominate  as  the  candidates  of 
their  party  as  many  electors  of  president  and 
vice  president  of  the  United  States  as  the  state 
is  then  entited  to,  and  it  shall  be  the  duty  of 
the  secretary  of  state  to  issue  certificates  of 
nomination  to  the  electors  so  nominated,  and  to 
cause  the  names  of  such  candidates  for  elector  to 
be  placed  upon  the  ballots  at  the  ensuing  Novem- 
ber election. 

Membership  in  the  state  convention  shall  not 
be  granted  to  a party  nominee  for  a congres- 
sional office,  state  office,  or  office  of  senator  or 
assemblyman  who  has  become  such  bjr  reason  of 
his  name  having  been  written  on  \ ballot,  and 
who  has  not  had  his  name  printed  on  the  primary 
ballot  by  having  had  a nomination  paper  filed  in 
his  behalf,  as  provided  in  section  five  of  this  act ; 
nor  shall  membership  in  such  convention  be 
granted  to  the  nominee  of  any  party  if  such 
nominee  has  not,  at  the  primary  election  at 
which  he  was  nominated,  declared  his  intention 
to  affiliate  with  such  party  at  the  ensuing 
November  election;  and,  in  every  such  case,  a 
vacancy  in  the  membership  of  such  convention 
shall  be  deemed  to  exist;  and  any  such  vacancy 
thereby  existing,  or  existing  because  no  nomi- 
nation for  such  office  has  been  made,  or  for  any 
other  cause,  shall  be  filled  as  hereinafter  pro- 
vided. Each  candidate  who  has  received  the 
nomination  of  more  than  one  party  for  a con- 
gressional, state,  or  legislative  office  shall  pro- 
cure from  the  county  clerk  of  the  county  In 
which  he  resides,  a certificate  stating  the  party 
with  which  such  candidate  has  affiliated,  as 
shown  by  the  roster  in  the  custody  of  such 
county  clerk;  and  this  certificate  shall  be  the 
credentials  of  such  candidate  to  membership  in 
the  convention  of  his  party. 

In  any  senatorial  district  represented  by  a 
hold-over  senator  there  shall  be  chosen  at  such 
primary  election  by  the  electors  of  every  politi- 
cal party  one  delegate  to  the  state  convention, 
who  shall  have  nomination  papers  circulate^  in 
his  behalf,  shall  have  his  name  placed  upon  the 
ballot,  and  shall  be  chosen  in  the  same  manner 
as  a state  senator  is  nominated  from  any  sena- 
torial district  ; but'  no  such  delegates  shall  be 
disqualified  by  reason  of  holding  any  office,  nor 
shall  any  filing  fee  be  required  in  order  to  have 
his  name  placed  upon  the  ballot.  The  term 
“hold-over  senator”  as  herein  used  shall  apply  to 
a state  senator  whose  term  of  office  extends 
beyond  the  first  Monday  in  January  of  the  year 
next  ensuing  after  the  primary  election,  and  the 
term  “hold-over  senatorial  district”  shall  apply 
to  the  district  represented  by  such  hold-over 
senator. 

In  the  event  that  there  shall  not  have  been 
filed  any  nomination  paper  for  a candidate  for 
any  congressional  or  state  office  or  office  of  sena- 
tor or  assemblyman  by  the  electors  of  any  polit- 
ical party,  or  in  the  event  that  the  nominee  of 
any  party  for  such  office  has  not  declared  his 
affiliation  with  such  party,  as  herein  provided, 
the  vacancy  thus  created  in  the  state  convention 
of  such  party  shall  be  filled  as  follows: 

(a)  If  the  vacancy  occurs  in  a senatorial  or 
assembly  district  situated  wholly  within  the 
limits  of  a single  county  or  city  and  county,  by 
appointment  by  the  newly  elected  county  central 
committee  of  such  party  in  such  county  or  city 
and  county. 

(b)  If  the  vacancy  occurs  in  a senatorial  or 
assembly  district  comprising  two  or  more  coun- 
ties, by  appointment  by  the  newly  selected  chair- 
men of  the  several  newly  elected  county  central 
committees  of  such  party  in  such  counties. 

(c)  If  the  vacancy  occurs  in  a congressional 
or  state  office,  by  appointment  by  the  state  cen- 
tral commitee  of  such  party. 


Such  delegate  so  appointed  shall  present  to 
the  convention  credentials  signed  by  the  chair- 
man and  the  secretary  of  the  appointing  com- 
mittee, or  by  the  appointing  chairmen  of  the 
several  committees,  as  the  case  may  be. 

3.  Each  state  central  committee  may  select  an 
executive  committee,  to  which  executive  com- 
mittee it  may  grant  all  or  any  portion  of  its 
powers  and  duties.  It  shall  choose  its  officers 
by  ballot  and  each  committee  and  its  officers 
shall  have  the  power  usually  exercised  by  such 
committees  and  the  officers  thereof  in  so  far  as 
may  be  consistent  with  this  act.  The  various 
officers  and  committees  now  in  existence  shall 
exercise  the  powers  and  perform  the  duties 
herein  prescribed  until  their  successors  are 
chosen  in  accordance  with  the  provisions  of  this 
act. 

4.  At  each  August  primary  election  there 
shall  be  elected  in  each  county  or  city  and 
county  a county  central  committee  for  each 
political  party,  which  shall  have  charge  of  the 
party  campaign  under  general  direction  of  the 
state  central  committee  or  of  the  executive  com- 
mittee selected  by  such  state  central  committee. 
In  all  counties  or  cities  and  counties  containing 
five  or  more  assembly  districts  the  county  central 
committee  of  such  party  shall  be  elected  by 
assembly  districts  and  shall  consist  of  one  mem- 
ber for  each  seven  hundred  votes  or  fraction 
thereof  in  each  such  assembly  district  cast  for 
such  party’s  candidate  for  United  States  senator 
at  the  last  general  election  at  which  a United 
States  senator  was  elected.  In  all  counties  con- 
taining less  than  five  assembly  districts  the 
county  central  committee  shall  be  elected  by 
supervisor  districts,  and  the  number  to  be 
elected  from  any  supervisor  district  shall  be 
determined  as  follows:  the  number  of  votes  cast 
in  such  supervisor  district  for  such  party’s  can- 
didate for  United  States  senator  at  the  last 
general  election  at  which  such  senator  was 
elected  shall  be  divided  by  one-twentieth  of  the 
number  of  votes  cast  for  such  senator  in  such 
county;  and  the  integer  next  larger  than  the 
quotient  obtained  by  such  division  shall  con- 
stitute the  number  of  members  of  the  county 
central  committee  to  be  elected  by  such  party 
in  said  supervisor  district.  The  county  clerk 
or  registrar  of  voters  in  each  county  or  city 
and  county  shall,  between  the  first  Monday  and 
the  second  Monday  of  June  next  preceding  the 
primary  election,  compute  the  number  of  mem- 
ber^ of  the  county  central  committee  allotted  to 
each  assembly  district  or  supervisor  district,  as 
the  case  may  be,  by  the  provisions  of  this  sub- 
division. Each  candidate  for  member  of  a 
county  central  committee  shall  appear  upon  the 
ballot  upon  the  filing  of  a nomination  paper 
according  to  the  provisions  of  section  five  of 
this  act,  signed  in  his  behalf  by  the  electors 
of  the  political  subdivision  in  which  he  is  a 
candidate,  as  above  provided;  and  the  number 
of  cahdidates  to  which  each  party  is  entitled, 
as  hereinbefore  provided,  in  each  political  sub- 
division, receiving  the  highest  number  of  votes 
shall  be  declared  elected.  Each  county  central 
committee  shall  meet  in  the  court  house  at  its 
county  seat  on  the  second  Tuesday  in  September 
following  the  August  primary  election,  and  shall 
organize  by  selecting  a chairman,  a secretary 
and  such  other  officers  and  committees  as  it 
shall  deem  necessary  for  carrying  on  the  cam- 
paign of  the  party. 

Sec.  17.  Section  twenty-five  of  said  act  is 
hereby  amended  to  read  as  follows: 

Sec.  25.  In  case  as  a result  of  any  primary 
election  a person  has  received  a nomination  to 
any  elective  office  without  first  having  nominat- 
ing papers  filed,  and  having  his  name  printed 
on  the  primary  election  ballot,  he  may  at  least 
thirty  days  before  the  day  of  election  cause  his 
name  to  be  withdrawn  from  nomination  by  filing 
in  the  office  where  he  would  have  filed  his 
nominating  papers  had  he  been  a candidate  for 
nomination,  his  request  therefor  in  writing, 
signed  by  him  and  acknowledged  before  the 
county  clerk  of  the  county  in  which  he  resides, 
and  no  name  so  withdrawn  shall  be  printed  on 
the  election  ballot  for  the  ensuing  general  elec- 
tion. The  vacancy  created  by  the  withdrawal 


[Twenty-two] 


of  such  person  as  aforesaid,  or  on  account  of 
the  ineligibility  of  such  person  to  qualify  as  a 
candidate  because  of  the  inhibitions  of  sub- 
division eight  of  section  five  of  this  act  shall 
not  be  filled.  In  all  other  cases  vacancies  occur- 
ring after  the  holding  of  any  primary  election 
may  be  filled  by  the  party  committee  of  the 
city,  county,  city  and  county,  or  state,  as  the 
case  may  be,  unless  such  vacancy  occurs  among 
candidates  chosen  at  the  primary  election  to  go 
on  the  ballot  for  the  succeeding  general  election 
for  a judicial,  school,  county,  or  township  office 
according  to  the  provisions  of  section  twenty- 
three  of  this  act,  in  which  case  that  candidate 
receiving  at  said  primary  election  the  highest 
vote  among  all  the  candidates  for  said  office 
who  have  failed  to  receive  a sufficient  number 
of  votes  to  get  upon  said  ballot  according  to  the 
provisions  of  said  section  twenty-three,  shall  go 
upon  said  ballo.t  to  fill  said  vacancy;  provided, 
however,  that  if  the  vacancy  occurs  in  a case 
where,  by  reason  of  having  received  a majority 
vote  at  the  primary  election,  only  one  person  is 
entitled  to  have  his  name  printed  upon  the 
ballot  at  the  ensuing  November  election,  the 
names  of  the  two  candidates  receiving  the  next 
highest  vote  at  the  primary  election  (if  there 
were  such  number)  shall  be  placed  upon  the 
ballot  for  the  November  election. 

Sec.  18.  Section  twenty-eight  of  said  act  is 
hereby  amended  to  read  as  follows: 

Sec.  28.  Any  candidate  at  a primary  election, 
desiring  to  contest  a nomination  of  another 
candidate  for  the  same  office,  may,  within  five 
days  after  the  completion  of  the  official  canvassv 
file  an  affidavit  in  the  office  of  the  clerk  of  the 
superior  court  of  the  county  in  which  he  desires 
to  contest  the  vote  returned  from  any  precinct 
or  prbcincts  in  such  county,  and  thereupon  have 
a recount  of  the  ballots  cast  in  any  such  pre- 
cinct or  precincts,  in  accordance  with  the  pro- 
visions of  this  section.  Such  affidavit  must 
specify  separately  each  precinct  in  which  a 
recount  is  demanded,  and  the  nature  of  the 
mistake,  error,  misconduct,  or  other  cause  why 
it  is  claimed  that  the  returns  from  such  precinct 
do  not  correctly  state  the  vote  as  cast  in. such 
precinct,  for  the  contestant  and  the  contestee. 
The  contestee  must  be  made  a party  respondent, 
and  so  named  in  the  affidavit.  No  personal 
service  or  other  service  than  as  herein  provided 
need  be  made  upon  the  contestee.  Upon  the 
filing  of  such  affidavit  the  county  clerk  shall 
forthwith  post  in  a conspicuous  place  in  his 
office  a copy  of  the  affidavit.  Upon  the  filing 
of  such  affidavit  and  the  posting  of  the  same, 
the  superior  court  of  the  county  shall  have 
jurisdiction  of  the  subject  matter  and  of  the 
parties  to  such  contest,  and  all  candidates  at  any 
such  primary  election  are  permitted  to  be  candi- 
dates under  this  act,  only  upon  the  condition 
that  such  jurisdiction  for  the  purposes  of  the 
proceeding  authorized  by  this  section  shall  exist 
in  the  manner  and  under  the  conditions  pro- 
vided for  by  this  section.  The  contestant  on 
the  date  of  filing  such  affidavit,  must  send  by 
registered  mail  a copy  thereof  to  the  contestee 
in  a sealed  envelope,  with  postage  prepaid, 
addressed  to  the  contestee  at  the  place  of  resi- 
dence named  in  the  affidavit  of  registration  of 
such  contestee,  and  shall  make  an  affidavit  of 
such  mailing  and  file  the  same  with  the  county 
clerk  to  become  a part  of  the  records  of  the 
contest.  At  any  time  within  three  days  after 
the  filing  of  the  affidavit  of  the  contestant  to 
the  effect  that  he  has  sent  by  registered  mail  a 
copy  of  the  affidavit  to  the  contestee,  such  con- 
testee may  file  with  the  county  clerk  an  affidavit 
in  his  own  behalf,  setting  up  his  desire  to  have 
the  votes  counted  in  any  precincts,  designating 
them,  in  addition  to  the  precincts  designated 
in  the  affidavit  of  the  contestant,  and  setting 
up  his  grounds  therefor.  On  the  trial  of  the 
contest  all  of  the  precincts  named  in  the  affi- 
davits of  the  contestant  and  the  contestee  shall 
be  considered,  and  & recount  had  with  reference 
to  3ll  of  sal-d  precincts;  and  the  contestant  shall 
have  the  same  right  to  answer  the  affidavit  of 
the  contestee  as  is  given  to  the  contestee  herein 
with  reference  to  the  affidavit  of  the  contestant 
except  that  such  answer  must  be  filed  not  later 
than  the  first  day  of  the  trial  of  said  contest. 
On  the  eighth  day  after  the  completion  of  the 


official  canvass  the  county  clerk  phall  present 
the  affidavits  of  the  contestant  and  the  contestee 
and  proof  of  posting,  as  aforesaid,  to  the  judge 
of  the  superior  court  of  the  county,  or  any 
judge  acting  in  his  place,  or  the  presiding  judge 
of  the  superior  court  of  a county  or  city  and 
county,  or  any  one  acting  in  his  stead,  which 
judge  shall,  upon  such  presentation,  forthwith 
designate  the  time  and  place  where  such  contest 
shall  proceed,  and  in  counties  or  cities  and  coun- 
ties where  there  are  more  than  one  superior 
judge,  assign  all  the  cases  to  one  department 
by  the  order  of  such  court.  Such  order  must  so 
assign  such  case  or  cases,  and  fix  such  time  and 
place  for  hearing,  which  time  must  not  be  less 
than  one  nor  more  than  three  days  from  the 
presentation  of  the  matter  to  the  court  by  the 
county  clerk  as  herein  provided.  It  shall  be  the 
duty  of  the  contestee  to  appear  either  in  person 
or  by  attorney,  at  the  time  and  place  so  fixed, 
and  to  take  notice  of  the  order  fixing  such  time 
and  place  from  the  records  of  the  court,  without 
service.  No  special  appearance  of  the  contestee 
for  any  purpose  except  as  herein  provided  shall 
be  permitted,  and  any  appearance  whatever  of 
the  contestee  or  any  request  of  the  court  by  the 
contestee  or  his  attorney,  shall  be  entered  as  a 
general  appearance  in  the  contest.  No  demurrer 
or  objection  can  be  taken  by  the  parties  in  afiy 
other  manner  than  by  answer,  and  all  the  objec- 
tions must  be  contained  in  the  answer.  The 
court  if  the  contestee  shall  appear,  must  require 
the  answer  to  be  made  within  three  days  from 
the  time  and  place  as  above  .provided,  and  if 
the  contestee  shall  not  appear  shall  note  his 
default,  and  shall  proceed  to  hear  and  determine 
the  contest  with  all  convenient  speed.  If  the 
number  of  votes  which  are  sought  to  be  re- 
counted, or  the  number  of  contests  are  such 
that  the  judge  shall  be  of  opinion  that  it  will 
require  additional  judges  to  enable  the  contest 
or  contests  to  be  determined  in  time  to  print 
the  ballots  for  the  election,  if  there  be  only  one 
judge  for  such  county,  he  may  obtain  the  service 
of  any  other  superior  judge,  and  the  proceedings 
shall  be  the  same  as  herein  provided  in  counties 
where  there  is  more  than  one  superior  court 
judge.  If  the  proceeding  is  in  a county  or  city 
and  county  where  there  is  more  than  one  supe- 
rior court  judge,  the  judge  to  whom  the  case 
or  cases  shall  be  assigned,  shall  notify  the  pre- 
siding judge  forthwith,  of  the  number  of  judges 
which  he  deems  necessary  to  participate,  in 
order  to  finish  the  contest  or  contests  in  time  to 
print  the  ballots  for  the  final  election,  and  the 
said  presiding  judge  shall  forthwith  designate 
as  many  judges  as  are  necessary  to  such  com- 
pletion of.  such  contest,  by  order  in  writing,  and 
thereupon  all  of  the  judges  so  designated  shall 
participate  in  the  recount  of  such  ballots  and 
the  giving  of  judgment  in  such  contest  or  con- 
tests in  the  manner  herein  specified.  The  said 
judges  so  designated  by  said  last  mentioned 
order,  including  the  judge  to  whom  said  contests 
were  originally  assigned,  shall  convene  upon 
notice  from  the  judge  to  whom  such  contest 
or  contests  were  originally  assigned,  and  agree 
upon  the  precincts  which  each  one  of  said 
judges  will  recount,  sitting  separately,  and 
thereupon  such  recount  shall  proceed  before 
each  such  judge  sitting  separately,  as  to  the 
precincts  so  arranged,  in  such  manner  that  the 
recount  shall  be  made  in  such  precincts  before 
each  such  judge  as  to  all  the  contests  pending, 
so  that  the  ballots  opened  before  one  judge  need 
not  be  opened  before  another  judge  or  depart- 
ment, apd  the  proceedings  before  such  judge 
in  making  such  recount  as  to  the  appointment 
of  the  clerk  and  persons  necessary  to  be  assist- 
ants of  the  court  in  making  the  same,  shall  be 
the  same  as  in  contested  elections,  and  the 
judge  shall  fix  the  pay  or  compensation  for  such 
persons,  and  require  the  payment  each  day  in 
advance  of  the  amount  thereof,  by  the  person 
who  is  proceeding  with  and  requiring  the  re- 
count of  the  precinct  being  recounted.  When 
the  recount  shall  have  been  completed  in  the 
manner  herein  required,  if  more  than  one  judge 
has  taken  part  therein,  all  the  judges  who  took 
part  shall  assemble  and  make  the  decision  of 
court,  and  if  there  be  any  differences  of  opinion, 
a majority  of  such  judges  shall  finally  deter- 
mine all  such  questions,  and  give  the  decision 


[Twenty-three] 


or  judgment  of  the  court  in  such  contest  or 
contests,  separately.  Such  decision  or  judg- 
ment of  the  court  shall  be  final  in  every  respect, 
and  no  appeal  can  be  had  therefrom.  The  judg- 
ment shall  be  served  upon  the  county  clerk  or 
registrar  of  voters  by  delivery  of  a certified 
copy  thereof,  and  may  be  enforced  summarily 
in  the  manner  provided  in  section  twenty-seven 
of  this  act,  ana  if  the  contest  proceeds  in  more 
than  one  county,  and  the  nominee  is  to  be  certi- 
fied by  the  secretary  of  state  from  the  com- 
pilation of  election  returns  in  his  office,  then 
the  judgment  in  each  county  in  which  a contest 
may  be  had  shall  show  what,  if  any  changes 
in  the  returns  in  the  office  of  the  secretary  of 
state  relating  to  such  county  or  city  and  county, 
ought  to  be  made,  and  all  such  judgments  shall 
be  served  upon  the  secretary  of  state,  by  the 
delivery  of  a certified  copy,  and  he  shall  make 
such  changes  in  the  record  in  his  office  as  such 
judgment  or  judgments  require,  and  conform 
his  compilation  and  his  certificate  of  nomination 
in  accordance  therewith.  If  the  office  contested 
is  one  to  be  voted  upon  in  more  than  one  county, 
the  time  within  which  such  contest  may  be 
brought  in  any  county  involved  shall  begin  to 
run  at  the  time  of  the  declaration  of  the  official 
canvass  by  the  board  of  supervisors  of  the 
county  last  making  such  declaration. 

Sec.  19.  Section  thirty  of  said  act  is  hereby 
amended  to  read  as  follows: 

Sec.  30.  Every  person  who  shall  be  a candi- 
date for  nomination  to  any  elective  office,  shall 
make  in  duplicate,  within  fifteen  days  after  the 
primary  election,  a verified  statement,  setting 
fo"th  each  and  every  sum  of  money  contributed, 
disbursed,  expended  or  promised  by  him,  and, 
to  the  best  of  his  knowledge  and  belief,  by  any 
and  every  other  person  or  association  of  persons 
in  his  behalf  wholly  or  partly  in  endeavoring  to 
secure  his  nomination.  This  statement  must 
show  in  detail  all  moneys  paid,  loaned,  con- 
tributed, or  otherwise  furnished  to  him  directly 
or  indirectly  in  aid  of  his  nomination,  together 
with  the  name  of  the  person  or  persons  from 
whom  such  moneys  were  received;  and  must 
also  show  in  detail,  under  each  of  the  sub- 
divisions of  section  twenty-nine  of  this  act,  all 
moneys  contributed,  loaned,  or  expended  by  him 
directly  or  indirectly  by  himself  or  through 
any  other  person,  in  aid  of  his  nomination,  to- 
gether with  the  name  of  the  person  or  persons 
to  whom  such  moneys  were  paid,  or  disbursed. 
Such  statement  must  set  forth  that  the  affiant 
has  used  all  reasonable  diligence  in  its  prepa- 
ration, and  that  the  same  is  true  and  is  as  full 
and  explicit  as  ho  is  able  to  make  it.  Within 
the  time  aforesaid  the  candidate  shall  file  one 
copy  of  said  statement  with  the  officer  with 
whom  his  nomination  papers  were  filed,  and  the 
other  with  the  recorder  of  the  county  or  city 
and  county  in  which  he  resides,  who  shall  record 
the  same  in  a book  to  be  kept  for  that  purpose, 
and  to  be  open  to  public  inspection.  No  officer 
shall  issue  any  certificate  of  nomination  to  any 
person  until  such  statement  as  herein  provided 
has  been  filed  and  no  other  statement  of  ex- 
penses shall  be  required  except  that  provided, 
herein,  and  no  fee  or  charge  whatsoever  shall 
be  made  or  collected  by  any  officer  for  the  veri- 
fying, filing,  or  recording  of  such  statements  or 
a copy  thereof. 

Sec.  20.  Section  thirty-three  of  said  act  is 
hereby  amended  to  read  as  follows: 

Sec.  33.  It  shall  be  the  duty  of  the  secretary 
of  state  and  the  attorney  general  to  prepare  on 
or  before  May  1,  1916,  all  forms  necessary  to 
carry  out  the  provisions  of  this  act,  which  forms 
shall  be  substantially  followed  in  all  primary 
elections  held  in  pursuance  hereof. 

And  whereas,  said  extra  session,  of  the  said 
legislature  finally  adjourned  January  11,  1916, 
and  ninety  days  having  not  expired  since  said 
final  adjournment ; 

Now,  therefore,  sufficient  qualified  electors  of 
the  State  of  California  have  presented  to  the 
secretary  of  state  their  petitions  asking  that 
said  act  hereinbefore  set  forth,  so  passed  by  the 
legislature,  and  approved  by  the  governor,  as 


hereinbefore  stated,  be  submitted  to  the  electors 
of  the  State  of  California  for  their  approval  or 
rejection. 

The  title  of  the  direct  primary  law  approved 
June  16,  1913,  certain  sections  of  which  are  pro- 
posed to  be  amended,  reads  as  follows : 

Existing  Provisions. 

An  act  to  provide  for  and  regulate  primary  elec- 
tions, and  providing  a method  for  choosing 
the  delegates  for  political  parties  to  state 
conventions  and  for  nominating  electors  of 
president  and  vice  president  of  the  United 
States,  and  providing  for  the  election  of 
party  county  central  committees,  and  to  re- 
peal the  act  approved  April  7,  1911,  known 
as  the  direct  primary  law,  and  also  to  repeal 
the  act  approved  December  24,  1911,  amend- 
ing sections  one,  three,  five,  seven,  ten, 
twelve,  thirteen,  twenty-two,  twenty-three, 
and  twenty-four  of  the  said  direct  primary 
law,  and  also  to  repeal  all  other  acts  or 
parts  of  acts  inconsistent  with  or  in  con- 
flict with  the  provisions  of  this  act. 

Section  one  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Section  1.  Words  and  phrases  where  used  in 
this  act  shall,  unless  such  construction  be  in- 
consistent with  the  context,  be  construed  as 
follows : 

1.  The  words  “primary  election,”  any  and 
every  primary  nominating  election  provided  for 
by  this  act. 

2.  The  words  “August  primary  election,”  the 
primary  election  held  in  August  to  nominate 
candidates  to  be  voted  for  at  the  ensuing  Novem- 
ber election  or  to  elect  members  of  a party  cen- 
tral committee  or  delegates  to  a party  con- 
vention. 

3.  The  words  “May  presidential  primary  elec- 
tion” any  such  primary  election,  held  in  May 
of  each  year  of  the  general  November  election 
at  which  electors  of  president  and  vice  president 
of  the  United  States  are  to  be  chosen,  as  shall 
provide  for  the  indication  of  preference  in  the 
several  political  parties  for  party  candidates 
for  president  of  the  United  States  through  the 
election  of  delegates  to  national  party  conven- 
tions. 

4.  The  word  “election,”  a general  state,  county, 
city  or  city  and  county  election  as  distinguished 
from  a primary  election. 

5.  The  words  “November  election,”  either  the 
presidential  election,  or  the  general  state,  county, 
or  city  and  county  election  held  in  November  of 
each  even  numbered  year. 

6.  The  words  “judicial  officer,”  any  justice  of 
the  supreme  court,  justice  of  a district  court  of 
appeal,  judge  of  the  superior  court,  justice  of  the 
peace,  or  justice  of  such  inferior  court  as  the 
legislature  may  establish  in  any  county,  town- 
ship, incorporated  city  or  town,  or  city  and 
county  ; and  the  words  “judicial  office,”  the  office 
filled  by  any  of  the  above  judicial  officers. 

7.  The  words  “school  officer,”  the  superin- 
tendent of  public  instruction  and  the  super- 
intendent of  schools  of  a county  or  city  and 
county ; and  the  words  “school  office,”  the  office 
filled  by  any  of  the  above  school  officers. 

8.  The  words  “county  officer,”  any  officer 

elected  within  the  boundaries  of  any  county  or 
city  and  county,  except  a member  of  the  state 
senate  or  assembly  or  a member  of  the  house 
of  representatives  of  the  congress  of  the  United 
States  or  a member  of  any  party  county  central 
committee  or  delegate  to  a state  convention  from 
a hold-over  senatorial  district ; and  the  words 
“county  office,”  the  office  filled  by  any  county 
officer.  The  words  “township  officer,”  any  such 
county  officer  as  is  elected  within  the  boundaries 
of  any  judicial  township  that  is  now  or  may  be 
hereafter  provided  by  law ; and  the  words 
“township  office,”  the  office  filled  by  any  town- 
ship officer.  ; ; 

9.  The  word  or  words  “political  party,” 
“party,”  “political  organization,”  or  “organiza- 
tion,” a political  party  or  organization  of  electors 
which  has  qualified,  as  hereinafter  provided,  for 
participation  in  any  primary  election ; and  such 


ITwenty-four] 


party  or  organization  shall  be  deemed  to  have  so 
qualified  when  any  one  or  more  of  the  three  fol- 
lowing conditions  have  been  complied  with : 

a.  If  at  the  last  preceding  November  election 
there  was  polled  for  any  one  of  its  candidates 
who  was  the  candidate  of  such  party  only  for 
any  office  voted  on  throughout  the  state,  at  least 
three  per  cent  of  the  entire  vote  of  the  state,  or 
for  any  one  of  its  candidates  who  was  the  joint 
candidate  of  such  party  and  any  other  party  for 
any  office  voted  on  throughout  the  state,  at  least 
si*  per  cent  of  the  entire  vote  of  the  state ; or 

b.  If  on  or  before  a date  which  shall  be  the 
fiftieth  day  before  any  primary  election,  there 
shall  have  registered  within  the  state,  as  intend- 
ing to  affiliate  with  such  party  or  organization  as 
shall  have  been  designated  in  their  affidavits  of 
registration,  qualified  electors  equal  in  number 
to  at  least  three  per  cent  of  the  total  number  of 
electors  registered  throughout  the  state  for  the 
last  preceding  November  election;  the  number  of 
such  registered  qualified  electors  to  be  deter- 
mined by  the  secretary  of  state  from  the  state- 
ments transmitted  to  him  as  required  by  sub- 
division one  of  section  four  of  this  act ; or 

c.  If  on  or  before  a date  which  shall  be  the 
fiftieth  day  before  any  primary  election,  there 
shall  be  filed  with  the  secretary  of  state  a peti- 
tion signed  by  registered  qualified  electors  of  the 
state,  whether  registered  as  intending  to  affiliate 
with  any  political  party  or  not,  equal  in  number 
to  at  least  three  per  cent  of  the  entire  vote  ofv 
the  state  at  the  last  preceding  November  elec- 
tion, declaring  that  they  represent  a political 
party  or  organization  the  name  of  which  iihall 
be  stated  therein,  which  party  said  electors  de- 
sire to  have  participate  in  such  primary  elec- 
tion ; such  petition  to  be  circulated,  signed,  and 
the  signatures  thereon  of  the  registered  electors 
certified  to  and  transmitted  to  the  secretary  of 
state  by  the  county  clerks  substantially  as  pro- 
vided in  section  five  of  this  act,  for  the  circula- 
tion, signing,  certification,  and  transmission  of 
nomination  papers  for  state  officers  ; providing, 
however,  that  no  electors  or  organization  of 
electors  shall  assume  a party  name  or  designa- 
tion which  shall  be  so  similar  to  the  name  of  an 
existing  party  or  organization  as  to  mislead 
voters. 

This  statute  shall  be  liberally  construed,  so 
that  the  real  will  of  the  electors  shall  not  be 
defeated  by  any  informality  or  failure  to  com- 
ply with  all  the  provisions  of  law  in  respect  to 
either  the  giving  of  any  notice  or  the  conducting 
of  the  primary  election  or  certifying  the  results 
thereof. 

In  each  county  and  city  and  county  in  this 
state,  having  a registrar  of  voters  or  registrar 
of  voters  and  a board  of  election  commissioners, 
the  powers  conferred  and  the  duties  imposed  in 
this  statute  upon  a county  clerk  and  his  deputies, 
and  other  officers,  in  relation  to  matters  of  elec- 
tion and  polling  places,  shall  be  exercised  and 
performed  by  such  registrar  of  voters  or  his 
deputies,  or  registrar  of  voters  or  his  deputies 
and  board  of  election  commissioners ; and  all 
nominating  papers,  list  of  candidates,  expenses, 
and  oaths  of  office,  required  by  this  statute  to 
be  made  to  county  clerks,  shall  be  filed  with  the 
registrar  of  voters. 

Section  two  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows: 

Sec.  2.  All  candidates  nominated  at  a pri- 
mary election  for  elective  public  offices  shall  be 
nominated  by  direct  vote  at  such  election  held 
in  accordance  with  the  provisions  of  this  act ; 
provided,  that  electors  of  president  and  vice 
president  of  the  United  States  shall  be  nominated 
as  provided  in  subdivision  two  of  section  twenty- 
four  of  this  act.  Party  candidates  for  the  office 
of  United  States  senator  shall  have  their  names 
placed  on  the  official  primary  election  ballots  of 
their  respective  parties  and  shall  be  in  all  re- 
spects nominated  in  the  manner  herein  provided 
for  state  officers.  This  act  shall  not  apply  to 
special  elections  to  fill  vacancies;  nor  to  the 
nomination  of  officers  of  municipalities,  counties, 
or  cities  and  counties  whose  charters  provide  a 
system  for  nominating  candidates  for  such  of- 
ficers ; nor  the  nomination  of  officers  for  any 
district  not  formed  for  municipal  purposes;  nor 
to  the  nomination  of  freeholders  to  be  elected  for 
the  purpose  of  framing  a charter ; nor  to  the 


nomination  of  officers  for  cities  of  the  sixth  class  ; 
nor  to  the  nomination  of  school  district  officers. 

Section  four  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  4.  1.  On  the  first  Monday  in  February, 

on  the  Monday  which  is  the  fiftieth  day  before 
the  first  Tuesday  in  May,  on  the  first  Monday 
in  June , and  on  the  Monday  which  is  the  fiftieth 
day  before  the  last  Tuesday  in  August,  in  each 
even  numbered  year , the  county  clerk  or  registrar 
of  voters  of  each  county  or  city  and  county  shall 
transmit  a statement  to  the  secretary  of  state 
of  the  total  number  of  electors  registered  in  his 
county  since  the  first  day  of  January  next  pre- 
ceding, together  with  the  number  so  registered 
under  each  of  the  several  political  affiliations, 
and  also  the  number  declining  or  failing  to  declare 
such  affiliation.  At  least  forty  days  before  the 
time  of  holding  the  August  primary  election  in 
1911f  and  biennially  thereafter,  the  secretary  of 
state  shall  prepare  and  transmit  to  each  county 
clerk  and  to  the  registrar  of  voters  in  any  city 
and  county  a notice  in  writing  designating  the 
offices  for  which  candidates  are  to  be  nominated 
at  such  primary  election,  together  with  the 
names  of  the  political  parties  qualified  to  par- 
ticipate in  such  election. 

2.  Within  ten  days  after  receipt  of  such  notice 
such  county  clerk  or  registrar  of  voters  in  any 
city  and  county  shall  publish  once  in  each  week 
for  two  successive  weeks  in  not  more  than  two 
newspapers  published  in  such  county  or  city  and 
county  so  much  thereof  as  may  be  applicable  to 
his  county,  including  a statement  of  the  number 
of  members  of  the  county  central  committee  to 
be  elected  by  each  political  party  in  each  super- 
visorial or  assembly  district,  as  the  case  may 
be,  according  to  the  provisions  of  subdivision 
four  of  section  twenty-four  of  this  act. 

3.  In  the  case  of  August  primary  elections  for 
the  nomination  of  candidates  for  city  or  city  and 
county  officers  to  be  voted  for  at  the  November 
election  in  the  odd  numbered,  years,  the  city  clerk 
or  secretary  of  the  legislative  body  in  any  such 
city  or  the  registrar  of  voters  in  any  such  city 
and  county  shall  cause  the  publication  of 
notice  of  such  primary  election,  together  with  a 
complete  statement  of  the  offices  for  which  candi- 
dates are  to  be  nominated , once  in  each  week  for 
two  successive  weeks  in  not  more  than  two 
newspapers  of  general  circulation  published  in 
such  city  or  city  and  county,  the  last  publication 
to  be  made  not  more  than  forty  and  not  less 
than  fourteen  days  before  such  primary  election. 

4.  In  the  case  of  primary  elections  other  than 
the  August  primary  elections  the  city  clerk  or 
-secretary  of  the  legislative  body  of  the  political 
subdivision  for  which  such  primary  election  shall 
be  held  shall  cause  one  publication  of  such  notice 
to  be  given,  such  publication  to  be  not  more  than 
forty  and  not  less  than  fourteen  days  before  such 
primary  election. 

Section  five  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  5.  1.  The  name  of  no  candidate  shall  be 

printed  on  an  official  ballot  to  be  used  at  any 
primary  election  unless  at  least  forty  days  prior 
to  the  primary  election,  if  the  candidate  is  to  be 
voted  for  at  the  August  primary  election  or  the 
May  presidential  primary  election,  and  at  least 
twenty  days  prior  to  the  primary  election,  if  the 
candidate  is  to  be  voted  for  at  a primary  election 
other  than  the  August  or  May  primary  election, 
a nomination  paper  shall  have  been  filed  in  his 
behalf  as  hereinafter  provided  by  this  act. 

2.  a.  The  candidate  may  appoint  verification 
deputies  to  serve  within  the  county . or  city  and 
county  in  which  such  deputies  reside  in  securing 
signatures  to  his  nomination  paper  for  nomi- 
nation to  the  office  for  which  he  is  a candidate, 
and  the  verification  deputies  thus  appointed  shall 
be  recognized  as  the  duly  authorized  verification 
deputies  to  secure  signatures  to  the  nomination, 
paper  of  such  candidate  in  such  county  or  city 
and  county.  The  document  in  which  such  verifi- 
cation deputies  are  appointed  as  herein  provided 
shall  be  filed  with  the  county  clerk  of  the  county 
or  city  and  county  in  which  such  verification 
deputies  reside,  at  or  before  the  time  the  nomina- 
tion paper  of  the  candidate  is  left  with  the  county 
clerk  for  filing  or  for  examination  provided 


[Twenty-five] 


in  subdivision  four  of  this  section.  Said  docu- 
ment shall  be  in  substantially  the  following 
form : 

I,  the  undersigned,  a candidate  for  the 

party  nomination  for  the  office  of , which 

nomination  is  to  be  made  by  direct  vote  at  a pri- 
mary election  to  be  held  on  the day  of 

August,  19 — , do  hereby  appoint  the  following 

registered  qualified  electors  of  the  county  of , 

as  verification  deputies  to  obtain  signatures  in 
said  county  to  a nomination  paper  placing  me  in 

nomination  as  a candidate  of  said party 

for  said  office  of 


of)  or  (in  the  town  of county  of 

),  as  a candidate  for  the  nomination 

of  such  party  for  the  office  of to 

be  voted  for  at  the  primary  election  to  be  held 

on  the day  of  August,  19 ; and 

we  do  solemnly  swear  (or  affirm)  that  said 
has  consented  to  this  pro- 
posal of  his  name  as  candidate  for  the  nomina- 
tion for  said  office.  We  hereby  appoint  the  fol- 
lowing registered  qualified  electors  of  this  county 
as  verification  deputies  to  obtain  signatures  iii 
this  county  to  the  nomination  paper  of  said 
to  said  office  of 


Verification  Deputies. 

Names.  Residence. 


Verification  Deputies. 

Names.  Residence. 


etc.  etc. 

(Signature)  

(Residence) 

Filed  in  the  office  of  the  county  clerk  of 

county  this day  of , 19__. 

County  Clerk. 

By  , Deputy. 

In  case  it  is  desired  to  appoint  additional 
verification  deputies  to  secure  signatures  to  the 
nomination  paper  of  such  candidate,  one  or  more 
similar  documents  may  be  filed  to  supplement 
the  first  document.  When  the  office  for  which 
the  candidate  is  proposed  is  a judicial  office, 
school  office,  county  office,  or  township  office,  the 

words  “ party,”  and  the  words  “of  said 

party,”  shall  be  omitted  from  said  document. 
Or,  as  an  alternative  to  the  foregoing  portion  of 
this  section  and  subdivision,  verification  deputies 
may  be  appointed  in  behalf  of  a candidate  as 
follows : 

b.  Any  five  qualified  electors  of  any  county  or 
city  and  county  who  are  registered  as  intending 
to  affiliate  with  the  same  political  party  may  join 
in  proposing  a candidate  of  such  party  for  nomi- 
nation to  any  office  to  be  voted  on  in  such  county 
or  city  and  county  at  the  next  ensuing  primary 
election,  and  in  appointing  verification  deputies 
to  serve  within  such  county  or  city  and  county 
in  securing  signatures  to  the  nomination  paper 
of  such  candidate  for  such  office.  If  the  office 
is  an  office  the  candidate  for  which  is  to  be  voted 
on  in  more  than  one  county,  he  may  be  proposed 
for  nomination  as  herein  provided  by  five  of  the 
registered  qualified  electors  in  each  of  the  coun- 
ties in  which  such  electors  may  desire  to  circu- 
late a nomination  paper  in  his  behalf.  The  sig- 
natures of  the  said  five  qualified  electors  shall  be 
verified  free  of  charge  before  any  officer  author- 
ized to  administer  an  oath,  and  the  document 
containing  such  signatures  shall  be  filed  with 
the  county  clerk  of  the  county  or  city  and  county 
in  which  said  five  qualified  electors  reside,  at  or 
before  the  time  the  nomination  paper  of  the  can- 
didate is  left  with  the  county  clerk  or  registrar 
of  voters  for  filing  or  for  examination  as  pro- 
vided in  subdivision  four  of  this  section.  In  said 
document  the  five  signers  shall  make  affidavit 
that  the  candidate  therein  named  for  the  office 
therein  specified  has  given  his  consent  to  be 
thus  proposed  for  nomination  to  such  office,  and 
shall  also  state  that  the  verification  deputies 
therein  appointed  are  duly  registered  qualified 
electors  of  said  county  or  city  and  county ; and 
the  verification  deputies  therein  appointed  shall 
be  recognized  as  the  duly  authorized  verification 
deputies  to  secure  signatures  to  the  nomination 
paper  of  such  candidate  in  such  county  or  city 
and  county.  Said  document  shall  be  substan- 
tially in  the  following  form  : 

State  of  California,  ) 

County  of f 

We,  the  undersigned,  do  solemnly  swear  (or 
affirm)  that  we  are  each  qualified  electors  of 

the  county  of State  of  California, 

and  that  we  are  each  registered  as  intending  to 

affiliate  with  the party ; and  we  do 

hereby  propose who  resides 

(at  No. street  in  the  city 


etc.  etc. 

(Signed) 

Names.  Residence. 


__ 


Subscribed  and  sworn  to  before  me  this 

day  of , 19 

(Seal)  I* 

Notary  Public  (or  other  official). 

In  ca£e  it  is  desired  to  appoint  additional  veri- 
fication deputies  to  secure  signatures  to  the 
nomination  paper  of  said  candidate,  one  or  more 
similar  documents  may  be  filed,  to  supplement 
the  first  document.  When  the  office  for  which 
the  candidate  is  proposed  is  a judicial  office, 
school  office,  county  office,  or  township  office, 
the  provisions  of  this  subdivision  ■shall  apply, 
except  that  the  five  qualified  electors  shall  make 
no  statement  of  their  party  affiliation  and  may 
be  affiliated  with  different  parties  or  with  no 
party ; and  the  candidate  proposed  for  nomina- 
tion shall  not  be  so  proposed  as  the  candidate 
of  any  party. 

3.  Verification  deputies  appointed  as  provided 
in  subdivision  two  of  this  section  to  obtain  sig- 
natures to  the  nomination  paper  of  any  candi- 
date for  any  office  to  be  voted  for  at  any  pri- 
mary election,  may,  at  any  time  not  more  than 
seventy  days  nor  less  than  forty  days  prior  to 
such  election,  obtain  signatures  to  such  nomina- 
tion paper  of  'such  candidate  for  such  office. 
Each  signer  of  a nomination  paper  shall  sign 
but  one  such  paper  for  the  same  office ; pro- 
vided, that  prior  to  primary  elections  other  than 
August  primary  elections  or  May  presidential 
primary  elections,  signatures  may  be  obtained 
not  more  than  forty  nor  less  than  twenty  days 
prior  to  such  election.  He  shall  also  declare  his 
intention  to  support  such  candidate  for  nomina- 
tion, and  shall  add  his  place  of  residence,  giving 
his  street  and  number  if  any.  His  election  pre- 
cinct shall  also  appear  on  the  paper  just  preced- 
ing his  name,  and  the  date  of  his  signature 
shall  appear  at  the  end  of  the  line  just  after  his 
residence.  Any  nomination  paper  may  be  pre- 
sented in  sections,  but  each  section  shall  contain 
the  name  of  the  candidate  and  the  name  of  the 
office  for  which  he  is  proposed  for  nomination. 
Each  section  shall  bear  the  name  of  the  city  or 
town,  if  any,  and  also  the  name  of  the  county 
or  city  and  county,  in  which  it  is  circulated,  and 
only  qualified  electors  of  such  county  or  city  and 
county,  registered  as  intending  to  affiliate  with 
the  political  party  in  which  the  nomination  is 
being  made,  shall  be  competent  to  sign  such 
section.  Any  section  circulated  within  any  in- 
corporated city  or  town  shall  be  signed  only  by 
registered  qualified  electors  of  such  city  or 
town.  Each  section  shall  be  prepared  with  the 
lines  for  signatures  numbered,  and  shall  have 
attached  thereto  the  affidavit  of  the  verification 
deputy  who  has  obtained  signatures  to  the  same, 
stating  that  all  the  signatures  to  the  attached 
section  were  made  in  his  presence,  and  that  tc 


[Twenty-six] 


the  best  of  his  knowledge  and  belief,  each  signa- 
ture to  the  section  is  the  genuine  'signature 
of  the  person  whose  name  it  purports  to  be ; 
and  no  other  affidavit  thereto  shall  be  required. 
The  affidavit  of  any  verification  deputy  obtaining 
signatures  hereunder  shall  be  verified  free  of 
charge  by  any  officer  authorized  to  administer 
an  oath.  Such  nomination  paper  so  verified 
shall  be  prima  facie  evidence  that  the  signa- 
tures thereto  appended  are  genuine  and  that  the 
persons  signing  the  same  are  registered  qualified 
electors,  unless  and  until  it  is  otherwise  proven 
by  comparison  of  such  signatures  with  the  affi- 
davits of  registration  in  the  office  of  the  county 
clerk  or  registrar  of.  voters.  Each  section  of  the 
nomination  paper,  after  being  verified,  shall  be 
returned  by  the  verification  deputy  who  circu- 
lated it  to  one  of  the  five  electors  by  whom  the 
said  verification  deputy  was  appointed  ; and  in  this 
manner  all  the  sections  circulated  in  any  county 
shall  be  collected  by  said  five  electors  of  that 
county  and  shall  be  by  them  arranged  for  filing 
or  for  examination,  as  provided  in  subdivision 
four  of  this  section.  In  case  said  verification 
deputy  was  appointed  directly  by  the  candidate 
according  to  the  provisions  of  subdivision  two 
(a)  of  this  section,  the  collecting  and  arranging 
of  the  sections  of  the  nomination  paper  shall  be 
done  by  the  candidate  instead  of  by  the  “five 
electors”  as  hereinbefore  provided.  Each  sec- 
tion of  the  nomination  paper  shall  be  in  sub- 
stance as  follows : 

County  of city  (or  town)  of (if 

any). 

‘ Nomination  paper  of , candidate  for 

party  nomination  for  the  office  of 

State  of  California,  ) 

County  of j SS* 

Signer’s  Statement. 

I,  undersigned,  am  a qualified  elector  of  the 

city  (or  town)  of , county  of , State 

of  California ; and  am  registered  as  intending  to 
affiliate  with  the party ; and  I hereby  nomi- 
nate   , who  resides  at  No. street,  city 

of , county  of , State  of  California,  as 

a candidate  for  the  nomination  of  such  party  for 

the  office  of , to  be  voted  for  at  the  primary 

election  to  be  held  on  the day  of  August, 

19 — . I have  not  signed  the  nomination  paper 
of  any  other  candidate  for  the  same  office,  and 
I further  declare  that  I intend  to  support  for 
such  nomination  the  candidate  named  herein. 


No. 

Precinct 

Signature 

Residence 

Date 

1 

• 2 

3 

4 

5 

etc. 

Verification  Deputy’s  Affidavit. 

I, , solemnly  swear  (or  affirm)  that  I have 

been  appointed  according  to  the  provisions  of 
subdivision  two , section  five,  of  the  direct  pri- 
mary law,  as  a verification  deputy  to  secure 
signatures  in  the  county  of to  the  nomina- 
tion paper  of . as  candidate  for  the  nomina- 
tion of  the party  for  the  office  of ; that 

all  the  signatures  on  this  section  of  said  nomina- 
tion paper,  numbered  from  1 to inclusive, 

were,  made  in  my  presence,  and  that,  to  the  best 
of  my  knowledge  and  belief,  each  of  said  signa- 
tures is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be. 

(Signed)  

Verification  Deputy. 

Subscribed  and  sworn  to  before  me  this 

day  of 19 — 

(Seal)  

Notary  Public  (or  other  official). 

In  the  case  of  a nomination  paper  for  any 
candidate  for  a judicial  office,  school  office, 
county  office,  or  township  office,  the  provisions 
of  this  subdivision  shall  apply,  except  that  no 


such  nomination  paper  nor  any  section  thereof 
shall  contain  the  name  of  any  political  party, 
of  any  signer  thereto,  nor  shall  the  candidate  be 
referred  to  as  a candidate  for  the  nomination  of 
any  party ; and  any  nomination  paper  for  any 
candidate  for  a judicial  office,  school  office,  county 
office,  or  township  office  may  be  signed  by  any 
registered  qualified  elector  of  the  county  or  city 
and  county , whether  registered  as  being  affiliated 
with  any,  or  with  no,  political  party . 

4.  Prior  to  the  filing  of  a nomination  paper 
for  any  candidate,  the  sections  thereof  must  be 
numbered  in  order  and  fastened  together  by 
cities  or  towns  or  portions  of  the  county  not 
included  in  such  cities  or  towns,  substantially  in 
the  manner  required  for  the  binding  of  affidavits 
of  registration  by  the  provisions  of.  section  one 
thousand  one  hundred  thirteen  of  the  Political 
Code ; provided,  that  the  sections  of  the  nomina- 
tion paper  shall  be  preceded  by  an  index  of  pre- 
cincts, arranged  by  cities,  towns  or  outside  terri- 
tory in  the  numerical  or  alphabetical  order  of 
such  precincts  for  each  such  city,  town  or  out- 
side territory  and  showing  after  the  name  or 
number  of  such  precinct  the  numbers  of  the  sec- 
tion pages  on  which  the  names  of  the  electors 
registered  in  such  precinct  are  to  ,be  found,  and 
after  the  number  of  each  page,  the  number  (in 
parenthesis)  of  times  such  names  are  to  be  so 
found  on  such  section  page.  Such  index  shall  be 
substantially  the  following  form : 

City  of  ...I 


No.  Of 
precinct 

Numbers  of  section  pages  containing 
voters  of  precinct 

1 

2 

1 (3  times)  2 (5  times) 

1 (4  times)  2 (0  times) 
etc. 

3 (T  times)  etc. 
3 (0  times)  etc. 

etc 

Town  of  — — — — 

etc. 

etc. 

And.  provided,  further,  that  for  all  nominations 
of  candidates  to  be  voted  for  in  more  than  one 
county,  or  throughout  the  entire  state,  the  nomi- 
nation papers,  properly  assembled,  may  be  con- 
solidated and  fastened  or  bound  together  by 
counties ; but  in  no  case  shall  nomination  papers 
signed  by  electors  of  different  counties  be 
fastened  or  bound  up  together.  The  county  clerk 
of  any  county  or  registrar  of  voters  of  any  city 
and  county  shall  examine  all  nomination  papers 
herein  provided  for  which  purport  to  have  been 
signed  by  electors  of  his  county  or  city  and 
county,  and  shall  disregard  and  mark  “not  suffi- 
cient’r  any  name  appearing  on  such  paper  or 
papers  which  does  not  appear  in  the  same  hand- 
writing on  an  affidavit  of  registration  in  his 
office,  or  which  ( except  in  the  case  of  nomination 
papers  of  candidates  for  judicial,  school,  county, 
or  township  offices  the  signers  of  which  may  be 
registered  as  oi  any  or  no  party ) does  not  ap- 
pear on  said  affidavit  as  intending  to  affiliate  with 
the  party  named  in  such  nomination  papers. 
Such  officer  shall  affix  to  all  nomination  papers 
a certificate  reciting  that  he  has  examined  the 
same  and  stating  the  number  of  names  signed 
thereto  which  have  not  been  marked  “not  stiffi- 
cient”  as  hereinabove  provided.  All  nomination 
papers  which  by  this  act  are  required  to  be  filed 
in  the  office  of  the  secretary  of  state,  shall  be 
left  with  the  county  clerk  or  registrar  of  voters 
for  examination,  as  above  provided,  at  least  forty 
days  prior  to  the  August  primary  election  or  the 
May  presidential  primary  election,  and  shall, 
with  such  certificate  of  examination  attached, 
within  five  days  after  being  so  left,  be  for- 
warded by  such  county  clerk  or  registrar  of 
voters  to  the  secretary  of  state,  who  shall  re- 
ceive and  * file  the  same.  The  verification  of 
signatures  to  nomination  papers  shall  not  be 
made  by  the  candidate,  nor  by  any  county  clerk, 
or  registrar  of  voters,  nor  by  any  of  the  deputies 
in  the  office  of  such  county  clerk  or  registrar  of 
voters,  nor  within  one  hundred  feet  of  any  elec- 
tion booth,  polling  place,  or  any  place  where 
registration  of  electors  is  being  conducted.  Each 
candidate  on  or  before  the  thirty-fifth  day  prior 
to  the  August  primary  election  or  the  May  presi- 
dential primary  election,  shall  file  in  the  place 


[Twenty-seven] 


where  his  nomination  paper  is  required  to  be 
filed,  as  provided  in  section  six  of  this  act,  his 
affidavit,  stating  his  residence,  with  street  and 
number,  if  any ; his  election  precinct ; that  he  is 
a qualified  elector  in  the  election  precinct  in 
which  he  resides;  the  name  of  the  office  for 
which  he  desires  to  be  a candidate;  and  that  if 
nominated  he  will  accept  such  nomination  and 
not  withdraw,  and  that  he  will  qualify  as  such 
officer  if  nominated  and  elected ; and  he  shall 
also  make  the  statement  required  in  subdivision 
five  of  section  six  of  this  act.  Nothing  in  this 
act  contained  shall  be  construed  to  limit  the 
rights  of  any  person  to  become  the  candidate  of 
more  than  one  political  party  for  the  same  office 
upon  complying  with  the  requirements  of  this 
act,  but  no  person  shall  be  entitled  to  become 
a candidate  for  more  than  one  office  at  the  same 
election. 

5.  Except  in  the  case  of  a candidate  for  nomi- 
nation to  a judicial  office,  school  office,  county 
office,  or  township  office,  nomination  paper's  shall 
be  signed  as  follows : If  the  candidate  is  the 
candidate  for  an  office  to  be  yoted  on  throughout 
the  state,  by  not  less  than  one-half  of  one  per 
centum  and  not  more  than  two  per  centum  of 
the  vote  or  registration  constituting  the  basis  of 
percentage  as  defined  in  subdivision  six  of  this 
section  of  the  party  of  the  candidate  seeking 
nomination,  within  the  state ; if  the  candidate 
is  the  candidate  for  an  office  to  be  voted  on  in 
some  political  subdivision  of  the  state,  but  not 
throughout  the  state,  by  not  less  than  one  per 
centum  nor  more  than  two  per  centum  of  the 
vote  or  registration  constituting  the  basis  of  per- 
centage, as  defined  in  subdivision  six  of  this 
section,  of  the  party  of  the  candidate  seeking 
nomination  within  said  political  subdivision  in 
which  such  candidate  seeks  nomination. 

6.  Except  in  case  of  a candidate  for  nomina- 
tion to  a judicial  office,  school  office,  county  of- 
fice, or  township  office,  the  basis  of  percentage 
in  each  case  shall  be  the  highest  vote  polled  by 
the  party  for  any  such  candidate  as  may  have 
been  the  candidate  of  such  party  only , at  the 
preceding  general  election,  or,  if  there  was  no 
candidate  who  was  the  candidate  of  such  party 
only,  the  basis  of  percentage  shall  be  the  lowest 
vote  received  by  any  candidate  who  was  the  joint 
candidate  of  such  party  and  of  one  or  more  other 
parties;  and  if  the  candidate  is  the  candidate  of 
a party  which  had  no  candidate  at  the  preceding 
general  election,  then  the  basis  of  percentage 
shall  be  upon  the  number  of  qualified  electors 
who,  on  or  before  the  fiftieth  day  prior  to  the 
primary  election,  shall  in  registering  have  de- 
clared their  intention  to  affiliate  with  such  party. 
Every  political  party  qualified  to  participate  in 
the  primary  election  by  the  provisions  of  sub- 
division eight  of  section  one  of  this  act,  whose 
membership  or  members  shall  comply  ivith  the 
provisions  of  this  act  by  filing  nomination  papers 
for  one  or  more  candidates,  shall  be  entitled  to  a 
separate  party  ticket  at  the  primary  election; 
but  all  such  party  tickets  must  be  alike  in  the 
designation  of  candidates  for  judicial,  school, 
county,  and  township  offices. 

7.  Whenever  by  rearrangement  of  political 
subdivisions  of  the  state  by  any  legislature, 
board  of  supervisors  or  other  legislative  body, 
the  boundaries  of  such  political  subdivisions  are 
changed,  the  highest  vote  polled  by  each  party 
in  each  of  the  new  political  subdivisions  shall  be 
determined  as  follows : If  the  change  occurs 
wholly  within  any  county  or  city  and  county, 
the  county  clerk  or  registrar  of  voters  of  such 
county  or  city  and  county  shall  determine  as 
nearly  as  possible  the  highest  vote  of  each  party 
in  the  new  political  subdivision  by  adding  to- 
gether for  each  party  the  highest  vote  in  each  of 
the  former  precincts  which  how  are  combined  to 
mak6  up  such  new  political  subdivision.  If  the 
change  occurs  outside  the  limits  of  any  county 
or  city  and  county,  the  secretary  of  state  shall 
determine  the  highest  vote  of  each  party  in  such 
new  political  subdivision  by  adding  together  for 
each  party  the  highest  vote  in  the  counties  which 
now  are  combined  to  make  up  such  new  political 
subdivision.  In  the  same  way  that  the  highest 
vote  for  each  party  in  each  new  political  sub- 
division is  ascertained,  shall  also  be  ascertained 
the  total  vote  of  all  parties,  as  is  required  to  be 
known  by  the  provisions  of  subdivision  nine  of 
this  section. 

[Twenty-eight] 


8.  Nothing  herein  shall  be  construed  as  prc 
hibiting  the  independent  nomination  of  candidate 
as  provided  by  section  one  thousand  one  hundre 
eighty-eight  of  the  Political  Code,  as  said  sectio 
was  enacted  at  the  fortieth  session  of  the  legisla 
ture  of  the  State  of  California ; except  that 
candidate  who  has  filed  nomination  papers  a 
one  of  the  candidates  for  nomination  to  an 
office  on  the  ballots  of  any  political  party  at  r 
primary  electmn  held  under  the  provisions  of  thi 
act,  and  who  is  defeated  for  such  party  nomina 
tion  at  such  primary  election,  shall  be  ineligibl 
for  nomination  to  the  same  office  at  the  ensuin; 
general  election,  either  as  an  independent  candi 
date  or  as  the  candidate  of  any  other  party,  an< 
no  person  shall  be  permitted  to  file  nomination 
papers  for  a party  nomination  and  an  in 
dependent  nomination  for  the  same  office,  or  fo 
more  than  one  office  at  the  same  election.  Noi 
shall  any  person  whose  name  has  been  written 
in  upon  any  balffit  or  ballots  for  any  office  a 
any  primary  election,  have  his  name  placed  upon 
the  ballot  as  a candidate  for  such  office  at  the 
ensuing  general  election,  except  under  the  pro 
visions  of  section  one  thousand  one  hundred 
eighty-eight  of  the  Political  Code,  unless  at  such 
primary  election  he  shall  have  received  for  such 
office  votes  equal  in  number  to  the  minimum 
number  of  nomination  papers  which  would  have 
been  required  to  be  filed  to  have  placed  his  name 
on  the  primary  ballot  as  a candidate  for  nomina- 
tion to  such  office. 

, 9-  In  the  case  of  a candidate  for  nomination 
to  a judicial  office,  school  office,  county  office,  or 
township  office,  nomination  papers  shall  be 
signed  by  not  less  than  one-half  of  one  per 
centum,  nor  more  than  two  per  centum  of  the 
total  vote  cast  by  all  political  parties  at  the  last 
election  in  the  state  or  political  subdivision 
thereof  in  which  such  candidate  for  judicial  or 
school,  county,  or  township  office  seeks  nomina- 
tion. 

iO.  The  officer  with  whom  nomination  papers 
are  filed  shall  keep  a record  in  which  he  shall 
enter  the  names  of  all  persons  filing  the  same, 
the  name  of  the  office,  the  party,  if  any,  and  the 
time  of  filing. 

Section  seven  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  7.  1.  A filing  fee  of  fifty  dollars  shall  be 

paid  to  the  secretary  of  state  by  each  candidate 
for  state  office  or  for  the  United  States  senate. 

2.  A filing  fee  of  twenty-five  dollars  shall  be 
paid  to  the  secretary  cf  state  by  each  candidate 
for  representative  in  congress  or  for  any  office, 
except  member  of  senate  and  assembly,  to  be 
voted  for  in  any  district  comprising  more  than 
one  county. 

3.  A filing  fee  of  ten  dollars  shall  be  paid  to 
the  secretary  of  state  by  each  candidate  for  the 
state  senate  or  assembly. 

4.  A filing  fee  of  ten  dollars  shall  be  paid  to 
the  county  clerk  or  registrar  of  voters  in  any 
city  and  county  when  the  nomination  paper  or 
papers  and  affidavit  of  any  candidate  to  be 
voted  for  wholly  within  one  county  or  city  and 
county  are  filed  with  such  county  clerk  or 
registrar  of  voters. 

5.  A filing  fee  of  ten  dollars  shall  be  paid  to 
the  city  clerk  or  secretary  of  the  legislative  body 
of  any  municipality  when  the  nomination  paper 
or  papers  and  affidavit  of  any  candidate  for  a 
city  office  are  filed  with  such  clerk  or  secretary 
of  such  legislative  body. 

6.  No  filing  fee  shall  be  required  from  any 
person  to  be  voted  for  at  the  May  presidential 
primary  election,  or  from  any  candidate  for  an 
office  to  the  holder  of  which  no  compensation  is 
required  to  be  paid,  or  for  township  offices  the 
compensation  to  the  holder  of  which  does  not 
exceed  the  sum  of  nine  hundred  dollars  per 
annum. 

7.  In  no  case  shall  the  secretary  of  state, 
county  clerk,  registrar  of  voters,  or  city  clerk, 
receive  any  nomination  pavers  for  filing  until  the 
requisite  fee  for  such  filing,  as  prescribed  in  this 
section,  has  first  been  paid  to  him. 

8.  When  a person  is  nominated  for  an  office 
by  reason  of  his  name  having  been  written  on  a 
ballot  that  has  been  voted  at  any  primary  elec- 
tion provided  for  by  this  act,  he  must  pay  the 
same  filing  fee  provided  for  the  same  office  to 
the  same  officer  as  would  have  been  required  if 


nomination  papers  had  been  filed  to  place  his 
name  on  the  primary  ballot ; otherwise  his  name 
must  not  be  printed  on  the  ballot  at  the  ensuing 
general  election ; provided , he  is  not  the  nominee 
of  another  party  for  the  same  office. 

Section  nine  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  9.  The  expense  of  providing  all  ballots, 
blanks  and  other  supplies  to  be  used  at  any  pri- 
mary election  provided  for  by  this  act  and  all 
expenses  necessarily  incurred  in  the  preparation 
for  or  the  conduct  of  such  primary  election  shall 
be  paid  out  of  the  treasury  of  the  city,  city  and 
county,  county  or  state,  as  the  case  may  be,  in 
the  same  manner,  with  like  effect  and  by  the 
same  officers  as  in  the  case  of  general  elections. 

Section  ten  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  10.  At  least  thirty  days  before  any 
August  primary  election  preceding  a November 
election  or  before  any  May  presidential  primary 
election  the  secretary  of  state  shall  transmit  to 
each  county  clerk  or  registrar  of  voters  in  any 
city  and  county  a certified  list  containing  the 
name  and  post-office  address  of  each  person  for 
whom  nomination  papers  have  been  filed  in  the 
office  of  such  secretary  of  state,  including  the 
candidate  for  delegate  to  a state  convention,  if 
any,  from  a “hold-over  senatorial  district”  and 
who  is  entitled  to  be  voted  for  in  such  county 
at  such  primary  election,  together  with  a designa- 
tion of  the  office  for  which  such  person  is  a 
candidate  and  except  in  the  case  of  a judicial 
office,  or  a school  office  of  the  party  or  principle 
he  represents.  Such  county  clerk  or  registrar 
of  voters  shall  forthwith,  upon  receipt  thereof, 
publish  under  the  proper  party  designation  the 
title  of  each  office  (except  a judicial  office  or 
a school  office)  which  appears  upon  the  certified 
list  transmitted  by  the  secretary  of  state  as  here- 
inbefore provided,  together  with  the  names  and 
addresses  of  all  persons  for  whom  nomination 
papers  have  been  filed  for  each  of,  said  offices  in 
the  office  of  the  secretary  of  state,  and  also  the 
names  of  all  candidates  for  the  county  central 
committee,  filed  in  the  office  of  the  county  clerk 
or  registrar  of  voters.  He  shall  also  publish  the 
title  of  each  judicial  office,  school  office,  county 
office,  and  township  office,  together  with  the 
names  and  addresses  of  all  persons  for  whom 
nomination  papers  have  been  filed  for  each  of 
said  offices,  either  in  the  office  of  the  secretary  of 
state  or  in  the  office  of  the  county  clerk  or 
registrar  of  voters,  and  shall  state  that  candi- 
dates for  said  judicial,  school,  county,  and  town- 
ship offices  may  be  voted  for  at  the  primary  elec- 
tion, by  any  registered,  qualified  elector  of  the 
county,  whether  registered  as  intending  to  affili- 
ate with  any  political  party  or  not.  He  shall 
also  publish  the  date  of  the  primary  election, 
the  hours  during  which  the  polls  will  be  open, 
and  that  the  primary  election  will  be  held  at  the 
legally  designated  polling  places  in  each  precinct, 
which  shall  be  particularly  designated.  It  shall 
be  the  duty  of  the  county  clerk  or  registrar  of 
voters  in  any  city  and  county  to  cause  such 
publication  to  be  made  once  each  week  for  two 
successive  weeks  prior  to  said  primary  election. 

Section  twelve  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  12.  1.  All  voting  at  primary  elections 

within  the  meaning  of  this  act  shall  be  by  ballot. 
A separate  official  ballot  for  each  political  party 
shall  be  printed  and  provided  for  use  at  each 
voting  precinct;  but  all  such  party  ballots  must > 
be  alike  in  the  designation  of  candidates  for 
judicial , school,  county,  and  township  offices.  The 
ballots  must  have  a different  tint  or  color  for 
each  of  the  political  parties  participating  in  the 
primary  election.  There  shall  also  be  printed 
and  provided  a non-partisan  ballot  of  a different 
tint  and  color  from  all  the  others  (or  white , if 
all  the  others  are  colored ),  which  shall  contain 
only,  but  in  like  manner,  all  the  candidates  for 
judicial,  school,  county,  and  township  offices  to 
be  voted  for  at  the  primary  election;  and  one  of 
the  non-partisan  ballots  shall,  at  the  primary 
election,  be  furnished  to  each  registered  qualified 
elector  who  is  not  registered  as  intending  to 
affiliate  with  any  one  of  the  political  parties  par- 
ticipating in  said  primary  election ; but  to  any 


elector  registered  as  intending  to  affiliate  with 
any  political  party  participating  in  the  primary 
there  shall  be  furnished,  not  a non-partisan  bal- 
lot, but  a ballot  of  the  political  party  with  which 
said  elector  is  registered  as  intending  to  affiliate. 

Jt  shall  be  the  duty  of  the  county  clerk  of 
each  county  or  of  the  registrar  of  voters  in  any 
city  and  county  to  provide  such  printed  official 
ballots  to  be  used  at  any  August  primary  election 
for  the  nomination  of  candidates  to  be  voted  for 
in  such  county  or  city  and  county  at  the  ensuing 
November  election  and  at  any  May  presidential 
primary  election.  It  shall  be  the  duty  of  the  city 
clerk  or  secretary  of  the  legislative  body  of  any 
municipality  to  provide  such  printed  official  bal- 
lots for  any  primary  election  other  than  the 
August  primary  election  or  the  May  presidential 
primary  election.  Such  official  ballots  to  be  used 
at  any  primary  election  shall  be  printed  on  offi- 
cial paper,  furnished  by  the  secretary  of  state, 
in  the  manner  provided  by  section  one  thousand 
one  hundred  ninety-six  of  the  Political  Code, 
and  in  the  form  hereinafter  provided.  The  names 
of  all  candidates  for  the  respective  offices  for 
whom  the  prescribed  nomination  papers  have 
been  duly  filed  shall  be  printed  thereon. 

2.  Official  primary  election  ballots  used  at  any 
primary  election  for  the  nomination  of  candidates 
to  be  voted  for  at  any  presidential  or  general 
state  election , except  as  provided  in  subdivision 
five  of  this  section,  shall  be  as^long  as  the  herein 
prescribed  captions,  headings,  party  designations , 
directions  to  voters  and  lists  of  names  of  candi- 
dates, properly  subdivided  according  to  the  sev- 
eral offices  to  be  nominated  for,  may  require;  and 
no  official  primary  election  ballot  shall  be  less 
than  six  and  one-half  inches  wide. 

3.  Across  the  top  of  the  ballot  shall  be  printed 
in  heavy-faced  gothic  capital  type,  not  smaller 
than  forty-eight-point,  the  words : “official  pri- 
mary election  ballot providing,  that  on  a non- 
partisan ballot  said  words  may  be  printed  in 
gothic  capital  type  not  smaller  than  twenty-four- 
point.  Beneath  this  heading  shall  be  printed  in 
hedvy-faced  gothic  capital  type,  not  smaller  than 
twenty-four-point,  the  party  designation  if  it  be 
a party  ballot;  or,  in  the  case  of  a ballot  con- 
taining the  names  of  no  candidates  except  candi- 
dates for  a judicial,  school,  county,  or  township 
office,  the  woi'ds  “ non-partisan  ballot The  in- 
structions to  voters  snail  be  printed  in  ten-point, 
gothic  type.  In  the  case  of  official  primary  elec- 
tion ballots  to  be  used  at  any  primary  election . 
held  for  the  nomination  of  candidates  other  than 
those  to  be  voted  for  at  a presidential  or  a 
general  state  election , and  on  which,  in  accord- 
ance with  the  provisions  of  this  act,  the  names 
of  candidates  may  be  printed  in  a single  column 
or  in  two  parallel  columns,  as  the  case  may  be, 
the  words  “ official  primary  election  ballot”  shall 
be  printed  thereon  in  heavy-faced  gothic t capital 
type,  not  smaller  than  twenty-four-point.  The 
party  or  non-partisan  designation  shall  be  printed, 
in  heavy-faced  gothic  capital  type,  not  smaller 
than  eighteen-point.  The  instructions  to  voters 
shall  be  printed  in  ten-point  gothic  type. 

4.  At  least  three-eighths  of  an  inch  below  the 
assembly  district  designation  and  the  date  of  the 
primary  election  shall  be  printed  in  ten-point 
gothic  type,  double  leaded,  the  following  instruc- 
tions to  voters : “To  vote  for  a person  whose 
name  occurs  on  the  ballot,  stamp  a cross  ( X ) in' 
the  square  at  the  right  of  the  name  of  the  person 
for  whom  you  desire  to  vote.  To  vote  for  a per- 
son whose  name  is  not  printed  on  the  ballot, 
write  his  name  in  the  blank  space  provided  for 
that  purpose.” 

5.  The  instructions  to  voters  shall  be  separated 
from  the  lists  of  candidates  and  the  designations 
of  the  several  offices  to  be  nominated  for  by  one 
light  and  one  heavy  line  or  rule.  The  names  of 
the  candidates  and  the  respective  offices  shall, 
except  as  may  be  hereinafter  otherwise  provided, 
be  printed  on  the  ballot  in  four  or  more  parallel 
columns,  each  two  and  one-half  inches  wide.  The 
number  of  such  parallel  columns  shall  be  exactly 
divisible  by  two,  and  such  parallel  columns  shall 
be  equally  divided  on  the  ballot  for  party  and 
non-partisan  tickets  by  a solid  black  line,  extend- 
ing down  from  the  printed  lines  separating  the 
instructions  to  voters  from  the  lists  of  names  of 
candidates  to  the  bottom  margin  of  the  ballot. 


[Twenty-nine] 


In  the  case  or  a primary  election  for  the  nomina- 
tion of  candidates  to  be  voted  for  at  a presi- 
dential or  general  state  election,  the  order  of 
precedence  shall  be  as  follows,  that  is  to  say: 
In  the  column  to  the  left , under  the  heading 
State  shall  be  printed  the  groups  of  names  of 
candidates  for  state  offices,  except  judicial  and 
school  offices,  and  for  members  of  the  state 
board,  of  equalization.  In  the  second  column , 
under  the  heading  Congressional  shall  be  printed 
the  groups  of  names  for  United  States  senator  in 
congress,  if  any,  and  for  representative  in  con- 
gress. Next,  under  the  heading  Legislative  shall 
be  printed  the  groups  of  names  for  state  senator, 
if  any,  for  member  of  assembly,  and  for  election 
as  delegate  to  the  state  convention  from  a “hold- 
over senatorial  district,”  if  any.  Finally  under 
the  heading  County  Committee,  shall  be  printed 
the  names  of  the  candidates  for  election  to  mem- 
bership in  the  county  central  committee  of  the 
party.  In  the  case  of  primary  elections  where 
state  officers  are  not  to  be  nominated,  at  the 
left  of  the  solid  black  dividing  line  there  may 
be  only  one  column.  In  the  parallel  columns  to 
the  right  of  the  solid  black  dividing  line  shall  be 
printed  the  groups  of  names  of  candidates  for 
nomination  to  judicial , school,  county,  and  town- 
ship offices  in  the  following  order:  Under  the 
heading  Judicial  shall  be  printed  all  the  names 
of  candidates  for  judicial  offices,  in  the  order 
of  chief  justice  supreme  court,  associate  justices 
supreme  court,  judge  of  district  court  of  appeals, 
judge  of  superior  court  and  justice  of  the  peace. 
Next,  under  the  heading  School  shall  be  printed 
all  the  names  of  candidates  for  school  offices  in 
the  order  of  state  superintendent  of  instruction, 
superintendent  of  schools,  and  school  district  of- 
ficers, if  any.  Next,  under  the  heading  County 
and  Township  shall  be  printed  the  groups  of 
candidates  for  all  county  and  township  offices 
except  judicial  or  school  offices.  In  the  case  of 
primary  elections  where  county  officers  are  not 
to  be  nominated,  at  the  right  of  the  solid  black 
dividing  line  there  may  be  only  one  column. 
The  non-partisan  ballot  provided  for  in  sub- 
division one  of  this  section  shall  be  identical  as 
to  offices  and  names  of  candidates  with  that  por- 
tion of  the  party  ballot  which  is  printed  to  the 
right  of  the  solid  black  dividing  line  hereinabove 
described.  The  tally  sheets  furnished  to  election 
officers  shall  have  the  names  of  offices  and  candi- 
dates arranged  in  the  order  in  whi.ch  said  names 
of  offices  and  candidates  are  printed  on  the  bal- 
lots according  to  the  provisions  of  this  section 
and  subdivision.  In  the  case  of  primary  elections 
for  the  nomination  of  candidates  for  city,  city 
and  county  or  municipal  offices  only,  the  groups 
of  names  of  candidates  may  be  printed  in  two 
parallel  columns  and  the  order  of  precedence 
shall  be  determined  by  the  legislative  body  of 
such  city  or  municipality  or  by  the  board  of 
election  commissioners  of  any  such  city  and 
county. 

6.  The  group  of  names  of  candidates  for  nomi- 
yiation  to  any  judicial  office,  school  office,  county 
office,  or  township  office  shall  include  all  the 
names  receiving  the  requisite  number  of  signa- 
tures on  a nomination  paper  for  such  office,  and 
shall  be  identical  for  each  such  office  on  the  pri- 
mary election  ballots  of  each  political  party  par- 
ticipating at  the  primary  election ; but  the  groups 
of  names  of  candidates  for  all  other  offices  on 
the  ballots  of  each  political  party  shall  comprise 
only  the  names  of  the  candidates  for  nomination 
by  such  party. 

7.  The  order  in  which  the  list  of  candidates 
for  any  office  shall  appear  upon  the  primary 
election  ballot  shall  be  determined  as  follows: 

(a)  If  the  office  is  an  office  the  candidates  for 
which  are  to  be  voted  on  throughout  the  entire 
state,  including  United  States  senator  in  con- 
gress, the  secretary  of  state  shall  arrange  the 
names  of  all  candidates  for  such  office  in  alpha- 
betical order  for  the  first  assembly  district ; and 
thereafter  for  each  succeeding  assembly  district, 
the  name  appearing  first  for  each  office  in  the 
last  preceding  district  shall  be  placed  last,  the 
order  of  the  other  names  remaining  unchanged. 
If  the  office  is  that  of  representative  in  congress, 
or  is  an  office  the  candidates  for  nomination  to 
which  are  to  be  voted  on  in  more  than  one 
county  or  city  and  county,  but  not  throughout 


the  entire  state,  except  the  office  of  state  senator 
or  assemblyman,  the  secretary  of  state  shall  ar- 
range the  names  of  all  candidates  for  such  office 
in  alphabetical  order  for  that  assembly  district 
which  is  lowest  in  numerical  order  of  any  as- 
sembly district  in  which  such  candidates  are  to 
be  voted  on ; and  thereafter  for  such  succeeding 
assembly  district  in  which  such  candidates  are 
to  be  voted  on,  the  name  appearing  first  for  such 
office  in  the  last  preceding  district  shall  be  placed 
last,  the  order  of  the  other  names  remaining 
unchanged.  In  transmitting  to  each  county  clerk 
or  registrar  of  voters  the  certified  list  of  names 
as  required  in  section  ten  of  this  act,  the  secre- 
tary of  state  shall  certify  and  transmit  the  list 
of  candidates  for  nomination  to  each  office  ac- 
cording to  assembly  districts,  in  the  order  of 
arrangement  as  determined  by  the  above  pro- 
visions ; and  in  the  case  of  each  county  or  city 
and  county  containing  more  than  one  assembly 
district,  he  shall  transmit  separate  lists  for  each 
assembly  district.  Except  for  the  office  of  state 
senator  or  assemblyman,  the  order  in  which  the 
names  filed  with  the  secretary  of  state  shall 
appear  upon  the  ballot,  shall  be  for  each  as- 
sembly district  the  order  as  determined  by  the 
secretary  of  state  in  accordance  with  the  above 
provisions,  and  as  certified  and  transmitted  by 
him  to  each  county  clerk  or  registrar  of  voters. 

(b)  If  the  office  is  an  office  to  be  voted  on 
throughout,  but  wholly  within,  one  county  or  city 
and  county,  except  the  office  of  representative  in 
congress  or  state  senator  or  assemblyman,  the 
county  clerk  of  such  county  or  the  registrar  of 
voters  of  such  city  and  county,  shall  arrange  the 
names  of  all  candidates  for  such  office  in  alpha- 
betical order  for  the  first'  supervisorial  district ; 
and  thereafter  for  each  supervisorial  district,  the 
name  appearing  first  for  each  such  office  in 
the  last  preceding  supervisorial  district  shall  be 
placed  last,  the  order  of  the  other  names  re- 
maining unchanged  ; provided,  there  are  no  more 
than  five  assembly  districts  in  such  county,  or 
city  and  county.  If  there  are  more  than  five 
assembly  districts  in  such  county,  or  city  and 
county,  the  county  clerk  or  registrar  of  voters 
shall  so  arrange  on  the  ballot  the  order  of  names 
of  all  candidates  for  such  office  that  they  shall 
appear  in  alphabetical  order  for  that  assembly 
district  in  such  county,  or  city  and  county,  which 
is  lowest  in  numerical  order,  and  thereafter  for 
each  succeeding  assembly  district  in  such  county, 
or  city  and  county,  the  name  appearing  first  for 
each  office  in  the  last  preceding  assembly  dis- 
trict shall  be  placed  last,  the  order  of  the  other 
names  remaining  unchanged. 

(c)  If  the  office  is  that  of  state  senator  or 
assemblyman,  or  delegate  to  the  state  conven- 
tion from  a “hold-over  senatorial  district,”  or 
member  of  a county  central  committee,  or  any 
o'ffice  except  the  office  of  representative  in  con- 
gress to  be  voted  on  wholly  within  any  county 
or  city  and  county  but  not  throughout  such 
county  or  city  or  county,  the  names  of  all  candi- 
dates for  such  office  shall  be  placed  upon  the 
ballot  in  alphabetical  order. 

(d)  If  the  office  is  a municipal  office  in  any 
city  or  town  whose  charter  does  not  provide  for 
the  order  in  which  names  shall  appear  on  the 
ballot,  the  names  of  candidates  for  such  office 
shall  be  placed  upon  the  ballot  in  alphabetical 
order. 

8.  In  publishing  the  names  and  addresses  of 
all  candidates  for  whom  nomination  papers  have 
been  filed,  as  required  in  section  ten  of  this  act, 
the  county  clerk  or  registrar  of  voters  shall 
publish  the  names  in  the  order  in  which  they 
will  appear  upon  the  ballot ; provided,  that  in 
counties  or  cities  and  counties  containing  more 
than  one  assembly  district  the  order  of  names  of 
candidates  shall  be  that  of  the  assembly  district 
in  such  county  or  city  and  county  which  is  lowest 
in  numerical  order. 

9.  Each  group  of  candidates  to  be  voted  on 
shall  be  preceded  by  the  designation  of  the  office 
for  which  the  candidates  seek  nomination,  and 
the  words  “vote  for  one”  or  “vote  for  two”  or 
more  according  to  the  number  to  be  elected  to 
such  office  at  the  ensuing  election.  Such  desig- 
nation of  the  office  to  be  nominated  for,  and  of 
the  number  of  candidates  to  be  nominated  shall 
be  printed  in  heavy-faced  gothic  type,  not  smaller 


[Thirty] 


ban  ten-point.  The  word  or  words  designating 
he  office  shall  be  printed  flush  with  the  left- 
land  margin  and  the  words  “vote  for  one’’  or 
‘vote  for  two”  or  more,  as  the  case  may  be,  shall 
xtend  to  the  extreme  right  of  the  column  and 
>ver  the  voting  square.  The  designation  of  the 
iffice  and  the  direction  for  voting  shall  be  sepa- 
rated from  the  names  of  the  candidates  by  a 
ight  line. 

10.  The  names  of  the  candidates  shall  be 
irinted  on  the  ballot  without  indentation,  in 
oman  capital  type  not  smaller  than  eight-point, 
>etween  light  lines  or  rules  three-eighths  of  an 
nch  apart.  Under  each  group  of  names  of  candi- 
iates  shall  be  printed  as  many  blank  spaces, 
leflned  by  light  lines  or  rules,  three-eighths  of 
m inch  apart,  as  there  are  to  be  candidates 
lominated  for  such  office.  To  the  right  of  the 
lames  of  the  candidates  shall  be  printed  a light 
ine  or  rule  so  as  to  form  a voting  square  three- 
iightlis  of  an  inch  square.  Each  group  of  names 
jf  candidates  shall  be  separated  from  the  suc- 
ceeding group  by  one  light  and  one  heavy  line  or 
- ule . Each  series  of  groups  shall  be  headed  by 
:he  word  “state,”  “congressional,”  “legislative,” 
‘county  and  township ” or  “municipal”  or  other 
oroper  general  classification,  as  the  case  may  be, 
minted  in  heavy-faced  gothic  capital  type,  not 
smaller  than  twelve-point.  All  official  primary 
election  ballots  shall  have  printed  on  the  back 
and  immediately  below  the  center  thereof,  in 
eighteen-point  gothic  capital  type,  the  words 
“official  primary  election  ballot,”  and  under- 
neath these  words  the  respective  numbers  of  the 
congressional,  senatorial  and  assembly  districts 
in  which  each  ballot  is  to  be  voted.  In  the  case 
of  a primary  election  for  the  nomination  of  can- 
didates for  city  or  city  and  county  offices  only, 
the  designations  on  the  back  of  the  ballot,  in 
addition  to  the  ivords  “ official  primary  election 
ballot,”  shall  be  the  official  designation  of  the 
respective  ward  and  voting  precinct  in  any  such 
city  or  municipality,  or  the  number  of  the  as- 
sembly district  and  of  the  voting  precinct  in  any 
such  city  and  county  in  which  each  ballot  is  to 
be  voted.  The  ballot  shall  be  printed  on  the  same 
leaf  with  a stub  and  separated  therefrom  by  a 
perforated  line  across  the  top  of  the  ballot.  On 
each  ballot  a perforated  line  shall  extend  from 
top  to  bottom  one-half  inch  from  the  right  hand 
side  of  such  ballot,  and  upon  the  half-inch  strip 
thus  formed  there  shall  be  no  printing  except 
the  number  of  the  ballot  which  shall  be  on  the 
back  of  each  strip,  in  such  position  that  it  shall 
appear  on  the  outside  when  the  ballot  is  folded. 
The  number  on  each  ballot  shall  be  the  same  as 
that  on  the  corresponding  stub,  and  the  ballots 
and  stubs  shall  be  numbered  consecutively  in 
each  county ; provided,  that  the  sequence  of  num- 
bers on  such  official  ballots  and  stubs  for  each 
party  shall  begin  with  the  number  one.  The 
official  ballots  of  each  political  party  shall  be 
made  up  in  stub  books,  each  book  to  contain 
ten,  or  some  multiple  of  ten,  ballots,  in  the 
manner  provided  by  law  for  official  election 
ballots,  and  except  as  to  the  order  of  the  names 
of  candidates  shall  be  printed  in  substantially 
the  following  form : 

[Form  of  party  ballot  on  page  32.] 

[Form  of  non-partisan  ballot  on  page  33.] 

Section  thirteen  of  the  direct  primary  law, 
proposed  t6  be  amended,  now  reads  as  follows : 

Sec.  13.  At  least  twenty  days  before  the 
August  primary  election  or  before  the  May  presi- 
dential primary  election  each  county  clerk  or 
registrar  of  voters  in  any  city  and  county  shall 
prepare  separate  sample  ballots  for  each  political 
party,  and  a separate  sample  non-partisan  ballot, 
placing  thereon  in  each  case  in  the  order  pro- 
vided in  subdivision  seven  of  section  twelve  of 
this  act,  and  under  the  appropriate  title  of  each 
office,  the  names  of  all  candidates  for  whom 
nomination  papers  have  been  duly  filed  with  him, 
or  have  been  certified  to  him  by  the  secretary 
of  state,  to  be  voted  for  at  the  primary  election 
in  his  county  or  city  and  county.  Such  sample 
ballots  shall  be  printed  on  paper  of  a different 
texture  from  the  paper  to  be  used  on  the  official 
ballot,  and  one  sample  ballot  of  the  party  to 
which  the  voter  belongs  as  evtdenced  by  hi3 
registration  shall  be  mailed  to  each  such  voter 


entitled  to  vote  at  such  August  primary  elec- 
tion or  May  presidential  primary  election,  as 
the  case  may  be,  not  more  than  ten  nor  less  than 
five  days  before  the  election.  Not  more  than  ten 
nor  less  than  five  days  before  the  August  primary 
election  a non-partisan  sample  ballot  printed  on 
paper  of  a different  texture  from  the  paper  to 
be  used  on  the  official  ballot  shall  be  mailed  to 
each  registered  qualified  elector  who  is  not 
registered  as  intending  to  affiliate  with  any  of 
the  parties  participating  in  said  primary  election. 
Such  clerk  or  registrar  of  voters  shall  forth- 
with submit  the  ticket  of  each  political  party  to 
the  chairman  of  the  county  committee  of  such 
party  and  shall  mail  a copy  to  each  candidate 
for  whom  nomination  papers  have  been  filed 
with  him  or  whose  name  has  been  certified  to 
him  by  the  secretary  of  state,  to  the  post-office 
address  as  given  in  such  nomination  paper  or 
certification,  and  he  shall  post  a copy  of  each 
sample  ballot  in  a conspicuous  place  in  his  office. 
Before  such  primary  election  the  county  clerk 
or  registrar  of  voters  in  any  city  and  county  shall 
cause  the  official  ballot  to  be  printed  as  provided 
by  section  twelve  of  this  act,  and  distributed 
in  the  same  manner  and  in  the.  same  quanti- 
ties as  provided  in  sections  one  thousand  one 
hundred  ninety-eight,  one  thousand  one  hundred 
ninety-nine  and  one  thousand  two  hundred  one 
of  the  Political  Code  for  the  distribution  of 
ballots  for  elections  ; provided,  that  the  number  of 
party  ballots  to  be  furnished  to  any  precinct 
shall  be  computed  from  the  number  of  voters 
registered  in  such  precinct  as  intending  to  affiliate 
with  such  party,  and  the  number  of  non-partisan 
ballots  to  be  furnished  to  any  precinct  shall  be 
computed  from  the  number  of  voters  registered 
in  such  precinct  without  statement  of  intention 
to  affiliate  with  any  of  the  parties  participating 
in  the  primary  election.  In  the  case  of  primary 
elections  for  the  nomination  of  candidates  for  city 
offices  it  shall  -be  the  duty  of  the  city  clerk, 
secretary  of  the  legislative  body  of  such  city  or 
municipality,  or  such  other  officer  charged  by 
law  with  the  duty  of  preparing  and  distributing 
the  official  ballots  used  at  elections  in  such  city 
or  municipality,  to  prepare  and  mail  the  sample 
ballot  and  to  prepare  and  distribute  the  official 
primary  election  ballots,  and  so  far  as  applicable 
and  not  otherwise  provided  herein  the  provisions 
of  this  act  shall  apply  to  the  nomination  of  all 
candidates  for  city  offices. 

Section  sixteen  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  16.  Any  elector  offering  to  vote  at  a 
primary  election  may  be  challenged  by  any 
elector  of  the  city,  city  and  county  or  county, 
upon  either  or  all  of  the  grounds  specified  in  sec- 
tion one  thousand  two  hundred  thirty  of  the 
Political  Code,  but  his  right  to  vote  the  primary 
election  ticket  of  the  political  party  designated, 
in  his  affidavit  of  registration,  as  provided  in 
section  one  thousand  ninety-six  of  the  Political 
Code,  or  his  right  to  vote  the  non-partisan  pri- 
mary ticket  providing  no  such  party  is  so  desig- 
nated, shall  not  be  challenged  on  any  ground  or 
subjected  to  any  tests  other  than*  those  provided 
by  the  constitution  and  section  one  thousand  two 
hundred  thirty  of  the  Political  Code  of  this  state. 

Section  seventeen  of  the  direct  primary  law, 
proposed  to  be  amended,  now  reads  as  follows  : 

Sec.  17.  Any  elector  qualified  to  take  part  in 
any  primary  election,  who  has,  at  least  thirty 
days  before  the  day  of  such  primary  election, 
qualified  by  registration,  as  provided  by  section 
one  thousand  ninety-six  of  the  Political  Code, 
shall  be  entitled  to  vote  at  such  primary  election, 
such  right  to  vote  being  subject  to  challenge  only 
as  hereinbefore  provided ; and  shall,  on  writing 
his  name  or  having  it  written  for  him  on  the 
roster,  as  provided  by  law  for  general  elections 
in  this  state,  receive  the  official  primary  election 
ballot  of  the  political  party  designated  in  his 
affidavit  of  registration ; (or  the  non-partisan 
ballot,  providing  no  such  party  was  so  desig- 
nated), and  no  other ; provided,  however,  that 
no  one  shall  be  entitled  to  vote  at  any  primary 
election  who  has  not  been  a resident  of  the  state 
one  year,  and  of  the  county  ninety  days,  preced- 
ing the  day  upon  which  such  primary  election  is 
held.  He  shall  be  instructed  by  a member  of  the 
board  as  to  the  proper  method  of  marking  and 


[Thirty-one] 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

REPUBLICAN  PARTY 

Forty-Eighth  Assembly  District,  August  25,  014 


to  rot*  for  * penon  whoeo  name  appears  on  the  ballot,  stamp  a cross  (X)  la  tbs  square  at  lbs  RIGHT  of  tbs  name  of  tbs  pejsnn-far  wh am  ysi 
40  to  Is.  To  rota  for  a person  whose  turns  is  not  printed  os  tbs  ballot,  writs  bis  same  In  tbs  blank  space  provided  far  that  purpose. 


STATE 

CONGRESSIONAL 

1 JUDICIAL 

Couity  Clark  Vata  for  Ona 

Ottwaar  Vota  tor  Om 

United  States  Senator  Vote  for  One 

Chief  Justice  Bup.  Court  Vote  for  One 

S R HALLOS  Y 1 

• ICUASLD  ROE 

Charles  n hart 

WALTER  WILTER 

1 

James  b iicCkearv  | 

•1  CNR  Y BROWN 

Walter  bkownlow 

JOSEPH  JENMNCS 

1 

1 

asouky  c laytime*  | 

JOHN  DOC 

Cassius  \ clay 

THOMAS  MERTON, 

1 

1 

Auditor  Vo(a  for  Coa 

Lieutenant  Governor  Vote  fc 

rOn. 

Hepresentative  in  Congress 

8th  District  Vote  for  One 

Associate  Justice  Sup.  CL  Vote  for  Two 

(01IX  W OA.YTEL  i 

WILLIAM  SMITH 

PETER  PETERSON 

WILLIAM  BREWER 

M J FOSTER 

1 

THOMAS  GREEN 

BASTICK  BOYLAN 

ERASTUS  PECK 

JOHN  M PATTERSON 

1 

JtQRACG  JOMtl 

HESRY  HUDSON 

SAMUEL  SNOW 

1 P ALLEE 

1 

CEORCE  TAWNEY 

CLARENCE  D CLARK 

Secretary  of  State  Vote  for  Otoe 

1 

JOHN  TOURTlLLOTTE 

Treasurer  Vote  fat  Otos 

Member  Assembly 

48th  District  Vote  for  One 

Judge  of  the  Districi  Court  of  Appeal, 

FRED  T OL  BOlS 

1 

rcTU  e.  haksos 

PETER  PETERSON 

I 

ANTHONY  BRENNAN 

PETER  DREW 

1 

1 

1 

AUGUSTUS O OACON 

1 

ANDREW  ANDERSON 

(AMES  H BERRY1  | 

Cootroilw  Vote  (or  One 

OEOIiCE  CAKCHEY 

THOMAS  THOMPSON 

u 

Assessor  Vote  foe  OBo 

Jd  fthBcrioCtVtf 

SAMUEL  ALDEN 

Delegate  to  State  Convention 

17th  Senatorial  District 

CEORCE  BUNN 

J S SPOONEJ* 

WILLIAM  S'  STOKES 

WALTER  CAMPBELL 

E W PETTUS 

AMOS  STRONG* 

CHARLES  R DAVIS 

i 

Tnumr  Vote  (or  One 

THOMAS  McCALL 

ERNEST  W ROBERTS 

i 

i- 

L 

[ 

| HENRY  SAMPSON 

Tan  Collector  Vote  fin  Oue 

A Y CHILTOH 

COUNTY  COMMITTEE 

*KN*UTE  NELSO.'t  | 

SAMUEL  JOHNSON 

Members  County  Central 

Committee  Vote  for  Three 



REDFTFUJ  PROCTOR 

1 . 

JOHN  f.  HUNT 

l 

E.  W CARMACK 

[ 

1 

Recorder  Vote  foa  Gae 

Attorney  General  Vote  fc 

rOn. 

JOSEPH  T JOHNSON 

THOMAS  SULLIVAN 

CEORCE.  P WILSON 

H.  L MAYNARD 

PETER  HEPBURN 

W B.  CURRAN 

E & MINOR 

CLAUDE  SWANSON 

C M DE  Mt\W 

1 

THOMAS  O'BRIEN 

U f)  ROBINSON 

~ 

CHARLES W PULTON 

u 

EDWARD  F.  STEVENS 

THOMAS  H.  CASTER 

Curvsyor  General  Vote  for  One 

FRANK  WHEATON 

SCHOOL 

Jublio  Administrator  Vote  for  One 

X1CHAEL  KERN  AN 

5 SupL  of  Pub.  Instruction  Vote  for  One 

II.  M.  TELLER 

JOHN  P.  WALKER 

1 CHARLES  N STOVER 

I W BA 1 LEV 

FRANK  N KENDALL 

1 

Member  State  Board  of  Equalization, 
First  District  Vote  for  One 

ARTHUR  ROBERTS 

Coroner  Vote  foe  One 

WILLIAM  ADAMS 

JAMES  B FRAZIEIt 

HARRY  ALCIR 

iflonaty  SupL  of  Schools  Vote  for  One 

ll  C LODCB 

2 TIMOTHY  HEALEY 

W P DILLINGIIaU 

] f W REYNOLDS 

CHARLES  CARSON 

Surveyor  Vote  foe  One 

JOHN  f DRY OEM 

~ 

COUNTY  AND  TOWNSH 

ip 

1 K FORA KKR 

tkmjff  Vole  to 

1 

• T DOLLIVER  | 

Supervisor  Vote  fie  Oae 

CHESTER  1 LONG 

C.  B.  PATTERSOK  j 

EL  K ALCER 

THOMAS  SPICIIT 

! 

(AMES  E VTVYSQ* 

i Retinol  Attorney  Vete  for  Ons 

jl  a.  KirruEDCE  | 

— ■ .r-xzrr~.-~j=r= 

Caastabla*  Vata  totCi'a 

JOHN  T MORGAN 

R *Y  l>RRER 

-8.  J.  BURKETT 

JOIIX  A.  STERLING 

i 

... 

[Thirty-two] 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

NON-PARTISAN  BALLOT 

Forty-Eighth  Assembly  District,  August  25,  1914 


To  vote  tor  a person  whose  name  eppearo  on  Dio  Ballot,  etamp  a erase  (xj(M 
the  aquara  at  the  RIGHT  of  the  name  of  the  person  for  whom  you  desire  tm 
arota.  To  vote  tor  a person  whose  name  la  not  printed  on  the  ballot,  writs  him 
eiame  In  the  blank  apace  provided  for.ahat  purpose. 


JUDICIAL 

— ' ’ — '■  . ; - a 

County  Clerk  Vote  for  On* 

Chief  Justice  Sup.  Court  Vote  for  On* 

S.  K.  MALLORY  | 

WALTER  WILTER 

james  a McCreary  | 

JOSEPH  JENNINGS 

ASBURY  C LATT1MEB  | 

THOMAS  MERTON 

i 

Auditor  VoU  for  On* 

AuociaU  Jutice  flop.  CV  VoU  for  Two 

JOHN  W.  DANIEL. 

l 

WILLIAM  BREWER 

M.  J.  FOSTER 

ERASTUS  PECK 

JOHN  M.  PATTERSON 

SAMUEL  SNOW 

J.  F ALLEE 

CEORCE  TAWNEY 

CLARENCE  D.  CLARK 

Treemrer  VoU  for  On* 

Jodfe  of  the  District  Court  of  Appeal, 
First  District  Vote  for  One 

FRED  T.  DU  BOIS 

AUGUSTUS  O.  BACON 

ANTHONY  BRENNAN 

PETER  DREW 

JAMES  H.  BERRY 

Ju&f  of  the  Superior  Ct  Vote  for  Two 

Aseesaor  Vote  foi  On* 

J.  & SPOONER 

GEORGE  BUNN 

E.  a NRWLANDS 

WALTER  CAMPBELL 

CHARLES  R DAVIS 

a W.  PETTVS 

THOMAS  McCALL 

ERNEST  W ROBERTS 

Tut  Collector  VoU  fs 

wOn. 

KNUTE  NELSON 

REDFIELD  PROCTOR 

E.  W CARMACK: 

Jurtlee  of  the  Peoce  Vote  for  Two 

THOMAS  SULLIVAN 

PETER  HEPBURN 

Recorder  VoU  for  On* 

CLAUDE  SWANSON 

C M DE  PEW 

CHARLES  W.  FULTON 

THOMAS  H.  CARTER 

SCHOOL 

Public  Administrator  Voter  for  Oa» 

Hupt  of  Pub.  Instruction  Vote  for  One 

H.  M.  TELLER 

CHARLES  N.  STOVER 

J W BAILEY 

FRANK  N KENDALL 

ARTHUR  ROBERTS 

Coroner  VoU  for  On* 

JAMES  B FRAZIER 

Omul,  8upt  of  School,  VoU  lor  One 

H.  C LODGE 

TIMOTHY  HEALEY 

W P DILLINGHAM 

f W REYNOLDS 

CHARLES  CARSON 

Snreeynr  VoU  for  On* 

1 

JOHN  F DRYDEN 

COUNTY  AND  TOWNSHIP 

J B.  FORAKER 

BbefUf  Vote  for  One 

V P DOLLIVER. 

Snporvaor  VoU  for  On* 

CHESTER  L LONG 

c a Patterson-  | 

M.  A.  ALCER 

THOMAS  SPIGHT  } 

JAMES  E.  WATSON  1 

District  Attorney  Vote  for  One 

L 

A B KJTTREDCB 

Oomubl*  VoU  foe  On* 

JOHN  T MORGAN 

R.  W PARKER 

R’j  BURKETT 

JOHN  A STERLING 

folding  his  ballot,  and  he  shall  then  retire  to 
an  unoccupied  booth  and  without  undue  delay 
stamp  the  same  with  "the  rubber  stamp  there 
found.  If  he  shall  spoil  or  deface  the  ballot  he 
shall  at  once  return  the  same  to  the  ballot  clerk 
and  receive  another. 

Section  nineteen  of  the  direct  primary  law, 
proposed  to  be  amended,  now  reads  as  follows : 

Sec.  19.  When  a voter  has  stamped  his  ballot 
he  shall  fold  it  so  that  its  face  shall  be  concealed 
and  only  the  printed  designation  on  the  back 
thereof  shall  be  visible,  and  hand  the  same  to 
the  member  of  the  board  in  charge  of  the  ballot 
box.  Such  folded  ballot  shall  be  voted  as  ballots 
are  voted  at  general  elections  and  the  name  of 
the  voter  checked  upon  the  register  as  having 
voted. 

Section  twenty-one  of  the  direct  primary  law, 
proposed  to  be  amended,  now  reads  as  follows : 

Sec.  21.  As  soon  as  the  polls  are  finally  closed 
the  judges  must  immediately  proceed  to  canvass 
the  votes  cast  at  such  primary  election.  The 
canvass  must  be  public,  in  the  presence  of  by- 
standers, and  must  be  continued  without  adjourn- 
ment until  completed  and  the  result  thereof  de- 
clared. Except  as  hereinafter  provided,  the 
canvass  shall  be  conducted,  completed  and  re- 
turned as  provided  by  sections  one  thousand  two 
hundred  fifty-three,  one  thousand  two  hundred 
fifty-four,  one  thousand  two  hundred  fifty-five, 
one  thousand  two  hundred  fifty-six,  one  thousand 
two  hundred  fifty-seven,  one  thousand  two  hun- 
dred fifty-eight,  one  thousand  two  hundred  fifty- 
nine,  one  thousand  two  hundred  sixty,  one 
thousand  two  hundred  sixty-one,  one  thou- 
sand two  hundred  sixty-two,  one  thousand  two 
hundred  sixty-three,  one  thousand  two  hundred 
sixty-four,  one  thousand  two  hundred  sixty-five, 
one  thousand  two  hundred  sixty-six,  one  thou- 
sand two  hundred  sixty-seven  and  one  thousand 
two  hundred  sixty-eight  of  the  Political  Code  of 
this  state  ; provided,  however,  that  the  ballots  of 
each  party  must  be  sealed  and  returned  in  sep- 
arate envelopes,  and  the  non-partisan  ballots 
must  be  sealed  and  returned  in  another  separate 
envelope.  The  number  of  ballots  agreeing  or  be- 
ing made  to  agree  with  the  number  of  names  on 
the  lists,  as  provided  by  section  one  thousand 
two  hundred  fifty -five  of  the  Political  Code , the 
board  must  take  the  ballots  from  the  box,  count 
those  cast  by  each  party,  and  string  them  sep- 
arately; count  all  the  votes  cast  for  each  party 
candidate  for  the  several  offices  and  record  the 
same  on  the  tally  lists;  and  count  all  the  votes 
on  all  the  ballots,  both  party  and  non-partisan, 
for  the  candidates  for  judicial,  school,  county, 
and  township  offices,  and  record  the  same  on  the  ' 
tally  lists. 

Section  twenty-two  of  the  direct  primary  law, 
proposed  to  be  amended,  now  reads  as  follows  : 

Sec.  22.  The  board  of  supervisors  of  each 
county,  the  board  of  election  commissioners  in 
any  city  and  county,  or,  in  the  case  of  a city  or 
municipal  primary  election,  the  officers  charged 
by  law  with  the  duty  of  canvassing  the  vote  at 
any  city  or  municipal  election  in  such  political 
subdivision,  shall  meet  at  the  usual  place  of  such 
meeting,  or  at  any  other  place  permitted  by  law, 
at  one  o’clock  in  the  afternoon  of  the  first  Thurs- 
day after  each  primary  election  to  canvass  the 
returns,  or  as  soon  thereafter  as  all  the  returns 
are  in.  When  begun  the  canvass  shall  be  con- 
tinued until  completed,  which  shall  not  be  later 
than  six  o’clock  in  the  afternoon  of  the  sixteenth 
day  following  such  primary  election.  The  clerk 
of  the  board  must,  as  soon  as  the  result  is  de- 
clared, enter  upon  the  records  of  such  board  a 
statement  of  such  result,  which  statement  shall 
contain  the  whole  number  of  votes  cast  for  each 
candidate  of  each  political  party  for  each  candi- 
date for  each  judicial,  school,  county,  or  town- 
ship office,  for  each  candidate  for  delegate,  if 
any,  to  a state  convention  from  a hold-over 
senatorial  district,  and  for  each  candidate  for 
membership  in  the  county  central  committee ; 
and  a duplicate  as  to  each  political  party  shall 
be  delivered  to  the  county,  city  and  county  or 
city  chairman  of  such  political  party,  as  the  case 
may  be.  The  clerk  shall  also  make  an  additional 
duplicate  statement  in  the  same  form,  showing 
the  votes  cast  for  each  candidate  not  voted  for 
wholly  within  the  limits  of  such  county  or  city 


[Thirty-three] 


and  county.  The  county  clerk  or  registrar  of 
voters  in  any  city  and  county  shall  forthwith 
send  to  the  secretary  of  state  by  registered  mail 
or  by  express  one  complete  copy  of  all  returns 
as  to  such  candidates,  and  as  to  all  candidates 
for  the  state  assembly,  state  senate,  represen- 
tatives in  congress,  judicial  officers,  except 
justices  of  the  peace,  delegate,  if  any,  to  a state 
convention  from  a hold-over  senatorial  district, 
and  as  to  all  persons  voted  for  at  the  May  presi- 
dential primary  election.  The  clerk  shall  also 
prepare  a separate  statement  of  the  names  of 
the  candidates  of  each  political  party  who  have 
received  the  highest  number  of  votes  for  the 
several  offices  to  be  voted  for  wholly  within  such 
county,  city  and  county,  or  other  political  sub- 
division in  which  such  primary  election  was 
held.  The  secretary  of  state  shall,  not  later 
than  the  twenty-fifth  day  after  any  primary  elec- 
tion, compile  the  returns  for  United,  States 
senator  and  for  all  candidates  voted  for  in  more 
than  one  county,  and  for  all  candidates  for 
the  assembly,  state  senate,  representatives  in 
congress  and  judicial  offices,  except  justices  of 
the  peace,  delegate,  if  any,  to  a state  convention 
from  a hold-over  senatorial  district,  and  for  all 
persons  voted  for  at  the  May  presidential  pri- 
mary election,  and  shall  make  out  and  file  in  his 
office  a statement  thereof.  He  shall  compile  the 
returns  for  the  May  presidential  primary  elec- 
tion not  later  than  the  twenty-first  day  after 
such  election,  and  shall  compile  said  returns  in 
such  a manner  as  to  show,  for  each  candidate, 
both  the  total  of  the  votes  received  and  the  votes 
received  in  each  congressional  district  of  the 
state. 

Section  twenty-three  of  the  direct  primary  law, 
proposed  to  be  amended,  now  reads  as  follows: 

Sec.  23.  Except  in  the  case  of  a candidate 
for  nomination  to  a judicial  office,  school  office, 
county  office,  or  township  office,  the  person  re- 
ceiving the  highest  number  of  votes,  at  a pri- 
mary election  as  the  candidate  for  the  nomination 
of  a political  party  for  an  office  shall  be  the 
candidate  of  the  party  for  such  office,  and  his 
name  as  such  candidate  shall  be  placed  on  the 
official  ballot  voted  at  the  ensuing  election ; pro- 
vided, he  has  paid  the  filing  fee  required  by 
subdivision  eight  of  section  seven  of  this  act. 
The  name  of  the  person  in  each  political  party 
who  receives  at  a primary  election  the  highest 
number  of  votes  for  United  States  senator  shall 
also  be  placed  on  the  official  ballot  under  the 
heading  “ United  States  senator”  In  the  case  of 
a judicial  office,  school  office,  county  office,  or 
township  office,  the  candidates  equal  in  number  to 
twice  the  number  to  be  elected  to  such  office,  or 
less,  if  so  there  be,  who  receive  the  highest  num- 
ber of  the  votes  cast  on  all  the  ballots  of  all  the 
voters  participating  in  the  primary  election  for 
nomination  to  such  office,  shall  be  the  candidates 
for  such  office  at  the  ensuing  election,  and  their 
names  as  such  candidates  shall  be  placed  on  the 
official  ballot  voted  at  the  ensuing  election ; 
provided,  however,  that  in  case  there  is  but  one 
person  to  be  elected  at  the  November  election  to 
a judicial  office,  school  office,  county  office,  or 
township  office,  any  candidate  who  receives  at 
the  August  primary  election  a majority  of  the 
total  number  of  votes  cast  for  all  the  candidates 
for  such  office  shall  be  the  only  candidate  for 
such  office  at  the  ensuing  election.  Of  the  candi- 
dates for  election  to  membership  in  the  county 
central  committee,  the  candidates  equal  in  num- 
ber to  the  number  to  be  elected  receiving  the 
highest  number  of  votes  in  their  supervisorial 
district  or  assembly  district,  as  the  case  may  be 
in  accordance  with  the  provisions  of  subdivision 
four  of  section  twenty-four  of  this  act,  shall  be 
declared  elected  as  the  representatives  of  their 
district  to  membership  in  tsuch  committee.  It 
shall  be  the  duty  of  the  officers  charged  with 
the  canvass  of  the  returns  of  any  primary  elec- 
tion in  any  county,  city  and  county  or  munici- 
pality to  cause  to  be  issued  official  certificates 
of  nomination  to  such  party  candidates  as  have 
received  the  highest  number  of  votes  as  the 
candidates  for  the  nomination  of  such  party  for 
any  offices  to  be  voted  for  wholly  within  such 
county,  city  and  county,  or  municipality,  and 
cause  to  be  issued  to  such  delegate  a certificate 
of  his  election ; and  to  cause  to  be  issued  official 


certificates  of  nomination  to  such  candidates  for 
judicial,  school,  county,  or  township  office  as 
may  be  entitled  thereto  under  the  provisions  of  I 
this  section.  It  shall  be  the  duty  of  the  secretary 
of  state  to  issue  official  certificates  of  nomina- 
tion to  candidates  nominated  under  the  provisions 1 
of  this  act  for  representatives  in  congress,  mem- 
bers of  the  state  senate  and  assembly  and  offi- 
cers voted  for  in  more  than  one  county ; and  to 
issue  certificates  of  election  to  all  persons  elected 
at  the  May  presidential  primary  election  as  dele- 
gates to  their  respective  national  party  conven- 
tions, and  to  notify  each  of  said  delegates  of  the 
total  vote  received  by  each  of  the  persons  voted 
for  in  his  party  at  said  election , under  the  head- 
ing <(for  presidential  nominee”  Not  less  than 
thirty  days  before  the  November  election  the 
secretary  of  state  shall  certify  to  the  county 
clerks  or  registrars  of  voters  of  each  county  and 
city  and  county  within  the  state,  the  name  of 
every  person  entitled  to  receive  votes  within  such 
county  or  city  and  county  at  said  November 
election  who  has  received  the  nomination  -*as  a 
candidate  for  public  office  under  and  pursuant  to 
the  provisions  of  this  act,  and  whose  nomination 
is  evidenced  by  the  compilation  and  statement 
required  to  be  made  by  said  secretary  of  state 
and  filed  in  his  office,  as  provided  in  section 
twenty-two  of  this  act.  Such  certificates  shall 
in  addition  to  the  names  of  such  nominees  re- 
spectively, also  show  separately  and  respectively 
for  each  nominee  the  name  of  the  political  party 
or  organization  which  has  nominated  such  person 
if  any  and  the  designation  of  the  public  office 
for  which  he  is  so  nominated.  The  secretary  of 
state  shall  also  certify  to  the  county  clerk  or 
registrar  of  voters  the  names  of  those  persons 
who  have  received  in  their  respective  parties  the 
highest  number  of  votes  for  United  States 

S@7ZCtt  07* 

Section  twenty-four  of  the  direct  primary  law, 
proposed  to  be  amended,  now  reads  as  follows : 

Sec.  24.  1.  Party  conventions  of  delegates 

chosen  as  hereinafter  provided  may  be  held  in 
this  state,  for  the  purpose  of  promulgating  plat- 
forms and  transacting  such  other  business  of  the 
party  as  is  not  inconsistent  with  the  provisions 
of  this  act. 

2.  The  candidates  of  each  political  party  for 
state  officers,  if  any,  except  judicial  and  school 
officers,  and  such  candidates  for  senate  and  as- 
sembly as  have  been  nominated  by  such  political 
party  at  the  primary  election,  and  in  whose  be- 
half nomination  papers  have  been  filed,  to- 
gether with  one  delegate  chosen  by  auch  political 
party  from  each  senatorial  district  represented 
by  a hold-over  senator,  shall  meet  in  a state 
convention  at  the  state  capitol  at  two  o’clock 
in  the  afternoon  of  the  third  Tuesday  in  Sep- 
tember after  the  date  on  which  any  primary 
election  is  held  preliminary  to  the  general 
November  election.  They  shall  forthwith  formu- 
late the  state  platforms  of  their  party,  which 
said  state  platform  of  each  political  party  shall 
be  framed  at  such  time  that  it  shall  be  made 
public  not  later  than  six  o’clock  in  the  afternoon 
of  the  following  Thursday.  They  shall  also  pro- 
ceed to  elect  a state  central  committee  to  con- 
sist of  at  least  three  (3)  members  from  each 
congressional  district,  who  shall  hold  office  until 
a new  state  central  committee  shall  have  been 
selected.  In  each  year  of  the  general  November 
election  at  which  electors  of  president  and  vice 
president  of  the  United  States  are  to  be  chosen, 
they  shall  also  nominate  as  the  candidates  of 
their  party  as  many  electors  of  president  and 
vice  president  of  the  United  States  as  the  state 
is  then  entitled  to,  and  it  shall  be  the  duty  oi 
the  secretary  of  state  to  issue  certificates  of 
nomination  to  the  electors  so  nominated,  and  to 
cause  the  names  of  such  candidates  for  elector 
to  be  placed  upon  the  ballots  at  the  ensuing 
November  election. 

Membership  in  the  state  convention  shall  not 
be  granted  to  a party  nominee  for  a state  office 
or  office  of  senator  or  assemblyman  who  has  be- 
come such  by  reason  of  his  name  having  been 
written  on  a ballot,  and  who  has  not  had  his 
name  printed  on  the  primary  ballot  by  having 
had  a nomination  paper  filed  in  his  behalf,  as 
provided  in  section  five  of  this  act ; and,  in  every 
such  ease,  a vacancy  shall  be  deemed  to  exist; 


[Thirty-fourj 


nd  any  vacancy  thereby  existing,  or  existing 
ecause  no  nomination  for  such  office  has  been 
lade,  or  for  any  other  cause,  shall  be  filled 
s hereinafter  provided.  In  any  senatorial  dis- 
rict  represented  by  a hold-over  senator  there 
hall  be  chosen  at  Such  primary  election  by  the 
lectors  of  every  political  party  one  delegate  to 
he  state  convention,  who  shall  have  nomina- 
ton  papers  circulated  in  his  behalf,  shall  have 
is  name  placed  upon  the  ballot,  and  shall  be 
hosen  in  the  same  manner  as  a state  senator 
3 nominated  from  any  senatorial  district ; but 
o such  delegate  shall  be  disqualified  by  reason 
f holding  any  office,  nor  shall  any  filing  fee  be 
equired  in  order  to  have  his  name  placed  upon 
he  ballot.  The  term  “hold-over  senator’-  as 
erein  used  shall  apply  to  a state  senator  whose 
erm  of  office  extends  beyond  the  first  Monday 
n January  of  the  year  next  ensuing  after  the 
rimary  election,  and  the  term  “hold-over  sena- 
orial  district”  shall  apply  to  the  district  repre- 
ented  by  such  hold-over  senator. 

In  the  event  that  there  shall  not  have  been 
iled  any  nomination  paper  for  a candidate  for 
ny  state  office  or  office  of  senator  or  assembly- 
aan  by  the  electors  of  any  political  party,  the 
'acancy  thus  created  in  the  state  convention  of 
;uch  party  shall  be  filled  as  follows : 

(a)  If  the  vacancy  occurs  in  a senatorial  or 
ossembly  district  situated  wholly  within  the 
imits  of  a single  county  or  city  and  county,  by 
ippointment  by  the  newly  elected  county  central 
:ommittee  of  such  party  in  such  county  or  city 
tnd  county. 

(b)  If  the  vacancy  occurs  in  a senatorial  or 
issembly  district  comprising  two  or  more  coun- 
ies,  by  appointment  by  the  newly  selected  chair- 
nan  of  the  several  newly  elected  county  central 
jommittees  of  such  party  in  such  counties. 

(c)  If  the  vacancy  occurs  in  a state  office,  by 
ippointment  by  the  state  central  committee  of 
such  party. 

Such  delegate  so  appointed  shall  present  to 
die  convention  credentials  signed  by  the  chair- 
nan  and  the  secretary  of  the  appointing  com- 
nittee,  or  by  the  appointing  chairmen  of  the 
several  committees,  as  the  ca,se  may  be. 

3.  Each  state  central  committee  may  select  an 
executive  committee,  to  which  executive  com- 
nittee  it  may  grant  all  or  any  portion  of  its 
Dowers  and  duties.  It  shall  choose  its  officers 
by  ballot  and  each  committee  and  its  officers 
shall  have  the  power  usually  exercised  by  the 
such  committees  and  the  officers  thereof  in  so 
far  as  may  be  consistent  with  this  act.  The 
various  officers  and  committees  now  in  existence 
shall  exercise  the  powers  and  perform  the  duties 
aerein  prescribed  until  their  successors  are 
ffiosen  in  accordance  with  the  provisions  of  this 
ict. 

4.  At  each  August  primary  election  there  shall 
oe  elected  in  each-  county  or  city  and  county  a 
;ounty  central  committee  for  each  political  party, 
which  shall  have  charge  of  the  party  campaign 
ander  general  direction  of  the  state  central  com- 
.nittee  or  of  the  executive  committee  selected  by 
3uch  state  central  committee.  In  all  counties 
Dr  cities  and  counties  containing  five  or  more  as- 
sembly districts  the  county  central  committee 
shall  be  elected  by  assembly  districts  and  shall 
consist  of  one  member  for  each  one  thousand 
electors  or  fraction  thereof  in  each  such  assembly 
district  registered  as  belonging  to  the  political 
party  with  which  such  electors  are  affiliated  as 
shown  by  the  register  of  voters  of  such  county 
or  city  and  county  on  the  first  Monday  of  June 
next  preceding  said  primary  election.  In  all 
counties  containing  less  than  five  assembly  dis- 
tricts the  county  central  committee  shall  be 
fleeted  by  supervisorial  districts,  and  the  num- 
ber to  be  elected  from  any  supervisorial  district 
shall  be  determined  as  follows : The  number  of 
electors  registered  in  any  supervisorial  district 
as  intending  to  affiliate  with  any  political  party 
shall  be  divided  by  one-twentieth  of  the  number 
of  electors  registered  in  the  entire  county  as  in- 
tending to  affiliate  with  said  party,  as  such  regis- 
tration exists,  in  each  case,  on  the  first  Monday 
of  June  next  preceding  the  primary  election;  and 
the  integer  next  larger  than  the  quotient  ob- 
tained by  such  division  shall  constitute  the  num- 
ber of  members  of  the  county  central  committee 


to  be  elected  by  such  party  in  said  supervisorial 
district.  The  county  clerk  or  registrar  of  voters 
in  each  county  or  city  and  county  shall,  between 
the  first  Monday  and  the  second  Monday  of  June 
next  preceding  the  primary  election,  complete 
the  number  of  members  of  the  county  central 
committee  allotted  to  each  assembly  district  or 
supervisorial  district,  as  the  case  may  be,  by 
the  provisions  of  this  subdivision.  Each  candi- 
date for  member  of  a county  central  committee 
shall  appear  upon  the-  ballot  upon  the  filing  of 
a nomination  paper  according  to  the  provisions 
of  section  five  of  this  act,  signed  in  his  behalf 
by  the  electors  of  the  political  subdivision  in 
which  he  is  a candidate,  as  above  provided ; and 
the  number  of  candidates  to  which  each  party  is 
entitled,  as  hereinbefore  provided,  in  each  polit- 
ical subdivision,  receiving  the  highest  number  of 
votes  shall  be  declared  elected.  Each  county 
central  committee  shall  meet  in  the  courthouse 
at  its  county  seat  on  the  second  Tuesday  in 
September  following  the  August  primary  election, 
and  shall  organize  by  selecting  a chairman,  a 
secretary  and  such  other  officers  and  committees 
as  it  shall  deem  necessary  for  carrying  on  the 
campaign  of  the  party. 

Section  twenty-five  of  the  direct  primary  law, 
proposed  tp  be  amended,  now  reads  as  follows : 

Sec.  25.  In  case,  as  a result  of  any  primary 
election  a person  has  received  a nomination  to 
any  elective  office  without  first  having  filed 
nominating  papers  and  having  his  name  printed 
on  the  primary  election  ballot,  he  may  at  least 
thirty  days  before  the  day  of  election  cause  his 
name  to  be  withdrawn  from  nomination  by  filing 
in  the  office  where  he  would  have  filed  his  nomi- 
nating papers  had  he  been  a candidate  for 
nomination,  his  request  therefor  in  writing, 
signed  by  him  and  acknowledged  before  the 
county  clerk  of  the  county  in  which  he  resides, 
and  no  name  so  withdrawn  shall  be  printed  on 
the  election  ballot  for  the  ensuing  general  elec- 
tion. The  vacancy  created  by  the  withdrawal 
of  such  person  as  aforesaid,  or  on  account  of  the 
ineligibility  of  such  person  to  qualify  as  a candi- 
date because  of  the  inhibitions  of  subdivision 
eight  of  section  five  of  this  act  shall  not  be  filled. 
In  all  other  cases  vacancies  occurring  after  the 
holding  of  any  primary  election  may  be  filled 
by  the  party  committee  of  the  city,  county,  city 
and  county,  or  state,  as  the  case  may  be,  unless 
such  vacancy  occurs  among  candidates  chosen  at 
the  primary  election  to  go  on  the  ballot  for  the 
succeeding  general  election  for  a judicial,  school, 
county,  or  township  office  according  to  the  pro- 
visions of  section  twenty-three  of  this  act,  in 
which  case  that  candidate  receiving  at  said  pri- 
mary election  the  highest  vote  among  all  the 
candidates  for  said  office  who  have  failed  to 
receive  a sufficient  number  of  votes  to  get  upon 
said  ballot  according  to  the  provisions  of  said 
section  twenty-three,  shall  go  upon  said  ballot 
to  fill  said  vacancy. 

Section  twenty-eight  of  the  direct  primary  law, 
proposed  to  be  amended,  now  reads  as  follows: 

Sec.  28.  Any  candidate  at  a primary  election, 
desiring  to  contest  a nomination  of  another  can- 
didate for  the  same  office,  may,  within  five  days 
after  the  completion  of  the  official  canvass,  file 
an  affidavit  in  the  office  of  the  clerk  of  the 
superior  court  of  the  county  in  which  he  desires 
to  contest  the  vote  returned  from  any  precinct 
or  precincts  in  such  county,  and  thereupon  have 
a recount  of  the  ballots  cast  in  any  such  pre- 
cinct or  precincts,  in  accordance  with  the  pro- 
visions of  this  section.  Such  affidavit  must 
specify  separately  each  precinct  in  which  a 
recount  is  demanded,  and  the  nature  of  the  mis- 
take, error,  misconduct,  or  other  cause  why  it 
is  claimed  that  the  returns  from  such  precinct 
do  not  correctly  state  the  vote  as  cast  in  such 
precinct,  for  the  contestant  and  the  contestee. 
The  contestee  must  be  made  a party  respondent, 
and  so  named  in  the  affidavit.  No  personal  service 
or  other  service  than  as  herein  provided  need  be 
made  upon  the  contestee.  Upon  the  filing  of  such 
affidavit  the  county  clerk  shall  forthwith  post  in 
a conspicuous  place  in  his  office,  upon  a bulletin 
board  to  be  prepared  for  that  purpose,  and  to 
have  upon  it  in  conspicuous  letters  the  words 
“ notice  of  primary  election  contests ” a copy  of 


[Thirty-five] 


the  affidavit.  Upon  the  filing  of  such  affidavit  and 
the  posting  of  the  same,  the  superior  court  of  the 
county  shall  have  jurisdiction  of  the  subject 
matter  and  of  the  parties  to  such  contest,  and  all 
candidates  at  any  such  primary  election  are  per- 
mitted to  be  candidates  under  this  act,  upon  the 
condition  that  such  jurisdiction  for  the  purposes 
of  the  proceeding  authorized  by  this  section  shall 
exist  in  the  manner  and  under  the  conditions 
provided  for  by  this  section.  The  contestant  on 
the  date  of  filing  such  affidavit,  must  mail  a copy 
thereof  to  the  contestee  in  a sealed  envelope, 
with  postage  prepaid,  addressed  to  the  contestee 
at  the  place  of  residence  named  in  the  affidavit  of 
registration  of  such  contestee,  and  shall  make  an 
affidavit  of  such  mailing  and  file  the  same  with 
the  county  clerk  to  become  a part  of  the  records 
of  the  contest.  Within  two  days  after  the  ex- 
piration of  the  time  for  filing  such  affidavits, 
the  county  clerk  shall  present  all  such  affidavits 
and  proof  of  posting  as  aforesaid  to  the  judge 
of  the  superior  court  of  the  county,  or  any  judge 
acting  in  his  place,  or  the  presiding  judge  of  the 
superior  court  of  a county  or  city  and  county, 
or  any  one  acting  in  his  stead,  which  judge  shall, 
upon  such  presentation,  forthwith  designate  the 
time  and  place  where  such  contest  shall  proceed, 
and  in  counties  or  cities  and  counties  where  there 
are  more  than  one  superior  judge,  assign  all  the 
cases  to  one  department  by  the  order  of  such 
court.  Such  order  must  so  assign  such  case  or 
cases,  and  fix  such  time  and  place  for  hearing, 
which  time  must  not  be  less  than  one  nor  more 
than  three  days  from  the  presentation  of  the 
matter  to  the  court  by  the  county  clerk,  as  herein 
provided.  It  shall  be  the  duty  of  the  contestee 
to  appear  either  in  person  or  by  attorney,  at  the 
time  and  place  so  fixed,  and  to  take  notice  of  the 
order  fixing  such  time  and  place  from  the  records 
of  the  court,  without  service.  No  special  ap- 
pearance of  the  contestee  for  any  purpose  shall 
be  permitted,  and  any  appearance  whatever  of 
the  contestee  or  any  request  of  the  court  by  the 
contestee  or  his  attorney,  shall  be  entered  as  a 
general  appearance  in  the  contest.  No  demurrer 
or  objection  can  be  taken  by  the  contestee  in  any 
other  manner  than  by  answer,  and  all  the  objec- 
tions of  the  contestee  must  be  contained  in  his 
answer  in  the  contest.  The  court  if  the  contestee 
shall  appear,  must  require  the  answer  to  be 
made  within  three  days  from  the  time  and  place 
as  above  provided,  and  if  the  contestee  shall  not 
appear  shall  note  his  default,  and  shall  proceed 
with  all  convenient  speed.  If  the  number  of 
votes  which  are  sought  to  be  recounted,  or  the 
number  of  contests  are  such  that  the  judge  shall 
be  of  opinion  that  it  will  require  additional  judges 
to  enable  the  contest  or  contests  to  be  deter- 
mined in  time  to  print  the  ballots  for  the  election, 
if  there  be  only  one  judge  for  such  county,  he 
may  obtain  the  service  of  any  other  superior 
judge,  and  the  proceedings  shall  be  the  same  as 
herein  provided  in  counties  where  there  is  more 
than  one  superior  court  judge.  If  the  proceeding 
is  in  a county  or  city  and  county  where  there 
is  more  than  one  superior  court  judge,  the  judge 
to  whom  the  case  or  cases  shall  be  assigned, 
shall  notify  the  presiding  judge  forthwith,  of  the 
number  of  judges  which  he  deems  necessary  to 
participate,  in  order  to  finish  the  contest  or  con- 
tests in  time  to  print  the  ballots  for  the  primary 
election,  and  the  said  presiding  judge  shall  forth- 
with designate  as  many  judges  as  are  necessary 
to  such  completion  of  such  contest,  by  order  in 
writing,  and  thereupon  all  of  the  judges  so 
designated  shall  participate  in  the  recount  of 
such  ballots  and  the  giving  of  judgment  in  such 
contest  or  contests  in  the  manner  herein  specified. 
The  said  judges  so  designated  by  said  last  men- 
tioned order,  including  the  judge  to  whom  said 
contests  were  originally  assigned,  shall  convene 
upon  notice  from  the  judge  to  whom  such  con- 
test or  contests  were  originally  assigned,  and 
agree  upon  the  precincts  which  each  one  of  such 
judges  will  recount,  sitting  separately,  and  there- 
upon such  recount  shall  proceed  before  each  such 
judge  sitting  separately,  as  to  the  precincts  so 
arranged,  in  such  manner  that  the  recount  shall 
be  made  in  such  precincts  before  each  such  judge 
as  to  all  the  contests  pending,  so  that  the  ballots 
opened  before  one  judge  need  not  be  opened  be- 


fore another  judge  or  department,  and  the  pro 
ceedings  before  such  judge  in  making  such  re 
count  as  to  the  appointment  of  the  clerk  and 
persons  necessary  to  be  assistants  of  the  cour 
in  making  the  same,  shall  be  the  same  as  in  con 
tested  elections,  and  the  judge  shall  fix  the  pa} 
or  compensation  for  such  persons  and  require  tin 
payment  each  day  in  advance,  of  the  amoun 
thereof  by  the  person  who  is  proceeding  with 
and  requiring  the  recount.  When  the  recoun 
shall  have  been  completed  in  the  manner  herein 
required,  if  more  than  one  judge  has  taken  par, 
therein,  all  the  judges  who  took  part  shall  as 
semble  and  make  the  decision  of  court,  and  i 
there  be  any  differences  of  opinion,  a majority  o 
such  _ judges  shall  finally  determine  all  such 
questions,  and  give  the  decision  or  judgment  o 
the  court  in  such  contest  or  contests,  separately 
Such  decision  or  judgment  of  the  court  shall  be 
final  in  every  respect,  and  no  appeal  can  be  had 
therefrom.  The  judgment  shall  be  served  upon 
the  county  clerk  or  registrar  of  voters  by  de 
livery  of  a certified  copy  thereof,  and  may  be 
enforced  summarily  in  the  manner  provided  in 
section  twenty-seven  of  this  act,  and  if  the  con- 
test proceeds  in  more  than  one  county,  and  the 
nominee  is  to  be  certified  by  the  secretary  ol 
state  from  the  compilation  of  election  returns  ir 
his  office,  then  the  judgment  in  each  county  shal. 
show  what,  if  any  changes  in  the  returns  in  the 
office  of  the  secretary  of  state  relating  to  such 
county  or  city  and  county,  ought  to  be  made, 
and  all  such  judgments  shall  be  served  upon  the 
secretary  of  state,  by  the  delivery  of  a certified 
copy,  and  he  shall  make  such  changes  in  the 
record  in  his  office  as  such  judgment  or  judg- 
ments require,  and  conform  his  compilation  and 
his  certificate  of  nomination  in  accordance  there- 
with. 

Section  thirty  of  the  direct  primary  law,  pro- 
posed to  be  amended,  now  reads  as  follows : 

Sec.  30.  Every  person  who  shall  be  a candi- 
date for  nomination  to  any  elective  office,  includ- 
ing that  of  United  States  senator  in  congress 
shall  make  in  duplicate,  within  fifteen  days  aftei 
the  primary  election,  a verified  statement,  setting 
forth  each  and  every  sum  of  money  contributed, 
disbursed,  expended  or  promised  by  him,  and,  to 
the  best  of  his  knowledge  and  belief,  by  any  and 
every  other  person  or  association  of  persons  in 
his  behalf  wholly  or  partly  in  endeavoring  to 
secure  his  nomination.  This  statement  must 
show  in  detail  all  moneys  paid,  loaned,  con- 
tributed, or  otherwise  furnished  to  him  directly 
or  indirectly  in  aid  of  his  election,  together  with 
the  name  of  the  person  or  persons  from  whom 
such  moneys  were  received ; and  must  also  show 
in  detail,  under  each  of  the  subdivisions  of  sec- 
tion twenty-nine  of  this  act,  all  moneys  con 
tributed,  loaned,  or  expended  by  him  directly  or 
indirectly  by  himself  or  through  any  other  per- 
son, in  aid  of  his  election,  together  with  the  name 
of  the  person  or  persons  to  whom  such  moneys 
were  paid,  or  disbursed.  Such  statement  mus' 
set  forth  that  the  affiant  has  used  all  reasonable 
diligence  in  its  preparation,  and  that  the  same  is 
true  and  is  as  full  and  explicit  as  he  is  able  to 
make  it.  Within  the  time  aforesaid  the  candi- 
date shall  file  one  c6py  of  said  statement  with 
the  officer  with  whom  his  nomination  papers 
were  filed,  and  the  other  with  the  recorder  of 
the  county  or  city  and  county  in  which  he  re- 
sides, who  shall  record  the  same  in  a book  to  be 
kept  for  that  purpose,  and  to  be  open  to  public 
inspection.  No  officer  shall  issue  any  certificate 
of  nomination  to  any  person  until  such  statement 
as  herein  provided  has  been  filed,  and  no  other 
statement  of  expenses  shall  be  required  except 
that  provided  herein,  and  no  fee  or  charge  what 
soever  shall  be  made  or  collected  by  any  officer 
herein  specified  for  the  filing  of  such  statements 
or  a copy  thereof. 

Section  thirty-three  of  the  direct  primary  law. 
proposed  to  be  amended,  now  reads  as  follows  : 

Sec.  33.  It  shall  be  the  duty  of  the  secretary 
of  state  and  the  attorney  general  to  prepare  on 
or  before  August  1,  1913,  all  forms  necessary  tc 
carry  out  the  provisions  of  this  act,  which  form.: 
shall  be  substantially  followed  in  all  primary 
elections  held  in  pursuance  hereof. 


[Thirty-six] 


ARGUMENT  IN  FAVOR  OF  BILL  AMENDING 
DIRECT  PRIMARY  LAW. 

Bill  Not  “Non-partisan”  This  bill  is  a totally 
afferent  measure  from  last  year's  “non-partisan 
ill.”  It  adds  no  non-partisan  offices,  applies 
nly  to  party  primaries,  and  provides  additional 
afeguards  for  party  preservation.  It  simply 
ermits  voters  to  declare  party  affiliation  at  the 
oils  on  primary  election  day,  instead  of  declar- 
es it  months  before  when  registering. 
Provisions  of  Bill.  The  bill  provides  that  the 
oter  at  the  primary  may  declare  in  writing  the 
ame  of  his  party,  and  thereupon  be  permitted 
) vote  for  its  candidates.  This  declaration  of 
arty,  being  written  and  public,  amply  assures 
lat  voters  will  not  venture  to  claim  membership 
l parties  not  their  own. 

Voters’  Present  Attitude.  Experience  shows 
lat  California  voters  dislike  to  declare  party 
filiation  months  before  party  issues  or  personal 
mtests  are  defined.  Nearly  300,000  voters  thus 
sclined  to  declare  party  affiliation  when  regis- 
:ring  this  year,  and  were  consequently  excluded 
om  the  recent  party  primaries — a result  clearly 
?ry  undesirable.  Had  this  bill  not  been  held 
3 by  referendum,  these  300,000  voters  could  all 
ive  participated  in  their  party  primaries  by 
iclaring  their  party  affiliation  at  the  polls. 
Referendum — Why  Invoked.  The  referendum 
i this  comparatively  unimportant  measure  was 
>viously  invoked  to  shut  out  these  300,000 
>ters  from  registering  Republican  at  the  polls, 
id  voting  for  Governor  Johnson  if  he  became 
ndidate  for  senator.  That  contest  being  hap- 
ly settled,  voters  can  now  decide  the  question 
i its  merits. 

This  Bill  No  Innovation.  In  the  greater  part 
the  Union,  party  affiliation  is  declared  only  at 
e polls.  It  is  the  system  in  Massachusetts, 
inois,  Michigan,  Iowa,  Nebraska,  Minnesota, 
dorado,  Kansas,  Missouri,  Wisconsin,  and  most 
her  states.  The  plan  of  declaring  party  when 
gistering  is  comparatively  rare,  and  has  been 
ed  in  California  only  nine  years. 

Experience  of  Presidential  Primary.  Exactly 
is  plan  of  declaring  party  affiliation  at  the  polls 
the  law  for  the  California  presidential  pri- 
try,  and  was  successfully  used  in  selecting 
jpublican,  Democratic,  and  Progressive  dele- 
tes last  May.  This  bill  now  proposes  to  extend 
» same  procedure  to  the  August  primary,  thus 
Dviding  a uniform  plan  for  both  primary 
ctions. 

Abuses  in  Present  Method.  Registration  is 
w commonly  conducted,  not  at  the  county 
rk’s  office  before  experienced,  responsible  offi- 
ls,  but  by  local  registration  deputies  on  the 
eet  or  at  the  voter’s  home.  This  opens  wide 
Dortunity  for  possible  error  or  undue  influence 
ascertaining  and  recording  party  affiliation, 
e plan  of  letting  the  voter  write  down  his  own 
'ty  affiliation  when  he  comes  to  vote,  with 
one  to  influence  him  permitted  near  the  polls, 
infinitely  the  better  way. 

Conclusion.  In  a word,  this  bill  simplifies  the 
chinery  of  party  nominations,  opens  the  pri- 
.ries  to  fuller  participation  by  the  voters, 
iforms  to  the  wise  practice  of  other  states. 


harmonizes  the  procedure  in  both  California  pri- 
mary elections,  and  protects  the  voter  against 
undue  and  irresponsible  influence  in  determining 
his  party  affiliation.  The  action  of  the  legisla- 
ture in  passing  the  bill  should  now  be  sustained 
by  the  vote  of  the  people.  Vote  “YES.” 

C.  C.  YOUNG, 
Speaker  of  the  Assembly. 

ARGUMENT  AGAINST  AMENDMENTS  TO 
DIRECT  PRIMARY  LAW. 

On  October  26,  1915,  the  electors  of  this  state 
overwhelmingly  repudiated  the  theory  that 
parties  should  be  destroyed  in  this  state.  It 
would  be  natural  to  suppose  that  this  might 
settle  the  matter  for  a time  at  least.  But  such 
was  not  the  case.  A special  session  of  the 
legislature  was  called  and  the  mandate  of  the 
people,  as  expressed  at  the  polls  less  than  three 
months  before,  was  openly  defied  by  the  pas- 
sage of  this  act.  If  the  principle  of  direct 
legislation  is  to  be  justified,  legislatures  and 
governors  must  be  shown  that  when  the  voters 
directly  state  their  wishes,  those  wishes  can  not 
be  openly  defied  with  impunity.  The  fact  that 
this  measure  was  enacted  in  defiance  of  the  re- 
sults of  a referendum  election  by  those  who 
pretend  to  be  the  strongest  advocates  of  direct 
legislation  should  open  the  eyes  of  the  blindest. 

There  is  another  aspect  of  this  matter  to  be 
considered.  This  law  would  forbid  party  regis- 
tration and  provides  only  for  party  declaration 
at  the  polls.  This  law  would  permit  of  a 
party’s  control  by  its  opponents  at  the  pri- 
maries. It  would  allow  boss  domination  in  the 
centers  of  population.  Under  the  provisions  of 
this  measure  voters  could  flock  to  the  polls,  call 
for  a Democratic  ballot,  and  vote  for  a Repub- 
lican or  a Progressive  as  the  Democratic 
nominee  for  United  States  senator,  and  this  in 
spite  of  the  fact  that  such  voters  never  had 
and  never  intended  to  affiliate  with  the  party 
for  which  they  were  choosing  the  nominee. 

The  law  requiring  voters  who  intend  to  take 
part  in  a party  primary  to  register  as  members 
of  that  party,  was  passed  nine  years  ago  as  a 
reform  measure.  It  was  passed  because  the 
abuses  just  mentioned  had  become  serious  "We 
see,  therefore,  that  this  is  a reactionary  meas- 
ure; that  it  is  designed  to  put  our  election  laws 
back  in  the  condition  that  existed  in  the  days 
before  an  enlightened  electorate  demanded  that 
such  corrupt  practices  should  cease.  Chief 
Justice  Beatty,  in  a decision  rendered  in  the 
case  of  Schostag  vs.  Cator,  151  Cal.  604,  speaks 
of  the  provision  requiring  party  declaration  at 
the  time  of  registration  as  a “provision  evi- 
dently designed  to  prevent  unscrupulous  and 
mercenary  electors  from  holding  themselves 
free  down  to  the  day  of  election  to  vote  with 
any  party,  upon  any  corrupt  motive,  for  the 
purpose  of  influencing  the  nomination  of  its 
candidates  for  public  office,  while  without  any 
interest  in  their'  success,  and  perhaps  with  an  ’ 
interest  in  their  defeat.”  These  reasons  speak 
just  as  eloquently  in  favor  of  our  retaining  this 
safeguard  and  therefore  defeating  this  act 
which  would  eliminate  party  registration,  per- 
mit of  boss  domination  in  party  primaries  and 
the  control  of  party  nominations  by  the  un- 
scrupulous. 

If  you  believe  that  those  whom  the  people 
elect  should  carry  out  their  wishes  as  they  have 
directly  expressed  them,  if  you  believe  in  party 
government,  if  you  favor  clean  and  honest  pri- 
maries, vote  “No.”  Alfred  L.  Bartlett 

Assemblyman  Sixty- third  District. 


iThirty-saven] 


LAND  TAXATION. 


Initiative  measure  effective  January  1,  1917,  amend- 
ing Article  XIII  of  Constitution.  Declares  all 
public  revenues  shall  be  raised  by  taxation  of  land  values,  exclusive  6f  improve- 
ments ; forbids  tax  or  charge  for  revenue  on  labor  product,  occupation,  business 
or  person ; permits  assessment  of  incomes  and  inheritances  for  old  age  pensions, 
mothers’  endowments  and  workingmen’s  disemployment  and  disability  insur- 
ance. Declares  land  shall  be  equally  assessed  according  to  its  value  for  use 
or  occupancy,  disregarding  man’s  work  thereon,  such  value  determinable  in 
municipalities  and  wherever  else  practicable . by  “Somers  System”  or  other 
means  of  exact  computation  from  central  locations.  


YES 


NO 


The  electors  of  the  State  of  California  present 
to  the  secretary  Of  state  this  petition,  and  re- 
quest that  there  be  submitted  to  the  voters  of 
the  state,  for  their  approval  or  rejection  at  the 
next  general  election,  or  as  provided  by  law,  an 
amendment  to  the  Constitution  of  the  State  of 
California.  The  proposed  amendment  is  as  fol- 
lows : 

The  people  of  the  State  of  California  do  enact 
as  follows: 

Article  thirteen  of  the  constitution  is  hereby 
amended  to  take  effect  January  1,  1917,  by  the 
following  section : 

Proposed  Amendment. 

Public  revenues,  state,  county,  municipal  and 
district,  shall  be  raised  by  taxation  of  land 
values  exclusive  of  improvements,  and  no  tax 
or  charge  for  revenue  shall  be  imposed  on  any 
labor  product,  occupation,  business  or  person; 
but  this  shall  not  prevent  the  assessment  of 
incomes  and  inheritances  to  provide  funds  for 
old  age  pensions,  mothers’  endowments,  and 
workingmen’s  disemployment  and  disability  in- 
surance. 

Land  holdings  shall  be  equally  assessed,  ac- 
cording to  their  value  for  use  or  occupance, 
without  regard  to  any  work  of  man  thereon; 
this  value  shall  be  determined  in  municipalities, 
and  wherever  else  practicable,  by  the  “Somers 
system,”  or  other  means  of  exact  computation 
from  central  locations. 

The  intent  of  this  provision  is  to  take  for 
public  use  the  rental  and  site  values  of  land, 
and  to  reduce  land  holding  to  those  only  who 
live  on  or  make  productive  use  of  it. 

Conflicting  provisions  are  hereby  repealed. 

Article  thirteen  of  the  constitution,  proposed  to 
be  amended,  now  reads  as  follows : 


Existing  Provisions. 

Section  1.  All  property  in  the  state  except  as 
otherwise  in  this  constitution  provided,  not  ex- 
empt under  the  laws  of  the  United  States , shall 
he  taxed  in  proportion  to  its  value,  to  he  ascer- 
tained as  provided  by  law,  or  as  hereinafter  pro- 
vided. The  word  “property,”  as  used  in  this 
article  and, section,  is  hereby  declared  to  include 
moneys,  credits,  bonds,  stocks,  dues,  franchises, 
and  all  other  matters  and  things,  real,  personal, 
and  mixed,  capable  of  private  oxonership ; pro- 
vided, that  a mortgage,  deed  of  trust,  contract, 
or  other  obligation  by  which  a debt  is  secured 
when  land  is  pledged  as  security  for  the  pay- 
ment thereof,  together  with  the  money  repre- 
sented by  such  debt,  shall  not  be  considered 
property  subject  to  taxation;  and  further  pro- 
vided, that  property  used  for  free  public  libraries 
and  free  museums , growing  crops,  property  used 


exclusively  for  public  schools,  and  such  as  ma 
belong  to  the  United  States,  this  state,  or  to  an 
county,  city  and  county,  or  municipal  corporatio 
within  this  state  shall  be  exempt  from  taxation, 
except  such  lands  and  the  improvements  thereo 
located  outside  of  the  county,  city  and  county  o 
municipal  corporation  owning  the  same  as  wer 
subject  to  taxation  at  the  time  of  the  acquisitio* 
of  the  same  by  said  county,  city  and  county  o 
municipal  corporation;  provided,  that  no  im 
provements  of  any  character  whatever  con 
structed  by  any  county,  city  and  county  o 
municipal  corporation  shall  be  subject  to  tax 
ation.  All  lands  or  improvements  thereon,  be 
longing  to  any  county,  city  and  county  o 
municipal  corporation,  not  exempt  from  taxation 
shall  be  assessed  by  the'  assessor  of  the  count . 
city  and  county  or  municipal  corporation  < 
which  said  lands  or  improvements  are  locate . 
and  said  assessment  shall  be  subject  to  reviei 
equalization  and  adjustment  by  the  state  boat 
of  equalization.  The  legislature  may  provid - 
except  in  the  case  of  credits  secured  by  mortgag 
or  trust  deed,  for  a deduction  from  credits  < 
debts  due  to  bona  fide  residents  of 'this  state. 

Section  1|.  The  property  to  the  amount  of  o» 
thousand  dollars  of  every  resident  in  this  sta ’ 
who  has  served  in  the  army,  navy,  marine  corp 
or  revenue  marine  service  of  the  United  Stat 
in  time  of  war,  and  received  an  honorable  du 
charge ' therefrom;  or  lacking  such  amount 
property  in  his  own  name,  so  much  of  the  proi 
erty  of  the  wife  of  any  such  person  as  shall  l 
necessary  to  equal  said  amount;  and  proper t 
to  the  amount  of  one  thousand  dollars  of  t, 
widow  resident  in  this  state,  or  if  there  be 
such  widow,  of  the  widowed  mother  resident  t 
this  state,  of  every  person  who  has  so  serv 
and  has  died  either  during  his  term  of  service  c 
after  receiving  honorable  discharge  from  so, 
service;  and  the  property  to  the  amount  of  or 
thousand  dollars  of  pensioned  widows,  father 
and  mothers,  resident  in  this  state,  of  soldier 
sailors,  and  marines  who  served  in  the  arm 
navy,  or  marine  corps,  or  revenue  marine  servi  < 
of  the  United  States,  shall  be  exempt  from  tax* 
tion;  provided,  that  this  exemption  shall  v 
apply  to  any  person  named  herein  owning  pro, 
erty  of  the  value  of  five  thousand  dollars  < 
more,  or  where  the  wife  of  such  soldier  or  saic 
owns  property  of  the  value  of  five  thousand  dr 
lars  or  more.  No  exemption  shall  be  ma . 
■under  the  provisions  of  this  act  of  the  propei 
of  a person  xoho  is  not  a legal  resident  of  hi 

S Section  1£.  All  buildings,  and  so  much  of  i 
real  property  on  which  they  arte  situated  as  me 
be  required  for  the  convenient  use  and  occupat 
of  said  buildings,  when  the  same  are  used  sol<$ 


[Thirty-eiglit] 


and  exclusively  for  religious  worship  shall  be 
free  from  taxation ; provided,  that  no  building  so 
used  ivhich  may  be  rented  for  religious  purposes 
and  rent  received  by  the  owner  therefor,  shall  be 
exempt  from  taxation. 

Section  1|.  All  bonds  hereafter  issued  by  the 
State  of  California,  or  by  any  county,  city  and 
county,  municipal  corporation,  or  district  ( in- 
cluding school , reclamation,  and  irrigation  dis- 
tricts) within  said  state,  shall  be  free  and  ex- 
empt from  taxation. 

Section  la.  Any  educational  institution  of  col- 
legiate grade,  within  the  State  of  California,  not 
conducted  for  profit,  shall  hold  exempt  from  tax- 
ation its  buildings  and  equipment,  its  grounds 
within  which  its  buildings  are  located,  not  ex- 
ceeding one  hundred  acres  in  area,  its  securities 
and  income  used  exclusively  for  the  purposes  of 
education % 

Section  2.  Land,  and  the  improvements  there- 
on, shall  be  separately  assessed.  Cultivated  and 
uncultivated  land,  of  the  same  quality,  and 
similarly  situated,  shall  be  assessed  at  the  same 
value. 

Section  3.  Every  tract  of  land  containing 
more  than  six  hundred  and  forty  acres,  and 
which  has  been  sectionized  by  the  United  States 
government,  shall  be  assessed,  for  the  purposes 
of  taxation , by  sections  or  fractions  of  sections. 
The  legislature  shall  provide  by  law  for  the 
assessment,  in  small  tracts,  of  all  lands  not  sec- 
tionized by  the  United  States  government. 

Section  4.  All  vessels  of  more  than  fifty  tons 
burden  registered  at  any  port  in  this  state  and 
engaged  in  the  transportation  of  freight  or  pas- 
sengers, shall  be  exempt  from  taxation  except  for 
state  purposes,  until  and  including  the  first  day 
of  January,  nineteen  hundred  thirty-five. 

Section  5.  [Repealed  November  6,  1906.] 

Section  6.  The  power  of  taxation  shall  never 
be  surrendered  or  suspended  by  any  grant  or 
contract  to  which  the  state  shall  be  a party. 

Section  7.  The  legislature  shall  have  the 
poioer  to  provide  by  law  for  the  payment  of  all 
taxes  on  real  property  by  installments. 

Section  8.  The  legislature  shall  by  law  re- 
quire each  taxpayer  in  this  state  to  make  and 
deliver  to  the  county  assessor,  annually,  a state- 
ment, under  oath,  setting  forth  specifically  all 
the  real  and  personal  property  owned  by  such 
taxpayer,  or  in  his  possession,  or  under  his  con- 
trol, at  twelve  o’clock  meridian  on  the  first  Mon- 
day of  March. 

Section  9.  A state  board  of  equalization,  con- 
sisting of  one  member  from  each  congressional 
district  in  this  state,  as  the  same  existed  in 
eighteen  hundred  and  seventy-nine,  shall  be 
elected  by  the  qualified  electors  of  their  respec- 
tive districts,  at  the  general  election  to  be  held 
in  the  year  one  thousand  eight  hundred  and 
eighty-six,  and  at  each  gubernatorial  election 
thereafter,  whose  term  of  office  shall  be  for  four 
years;  whose  duty  it  shall  be  to  equalize  the 
valuation  of  the  taxable  property  in  the  several 
counties  of  the  state  for  the  purposes  of  taxa- 
tion. The  controller  of  state  shall  be  ex  officio 
a member  of  the  board.  The  boards  of  super- 
visors of  the  several  counties  of  the  state  shall 
constitute  boards  of  equalization  for  their  Re- 
spective counties,  whose  duty  it  shall  be  to 
equalize  the  valuation  of  the  taxable  property  in 
the  county  for  the  purpose  of  taxation;  provided, 
such  state  and  county  boards  of  equalization  are 
hereby  authorized  and  empowered,  under  such 
rules  of  notice  as  the  county  boards  may  pre- 
scribe as  to  county  assessments,  and  under  such 
rules  of  notice  as  the  state  board  may  prescribe 


as  to  the  action  of  the  state  board,  to  increase 
or  lower  the  entire  assessment  roll,  or  any 
assessment  contained  therein,  so  as  to  equalize 
the  assessment  of  the  property  contained  in  said 
assessment  roll,  and  make  the  assessment  con- 
form to  the  true  value  in  money  of  the  property 
contained  in  said  roll;  provided,  that  no  board  of 
equalization  shall  raise  any  mortgage,  deed  of 
trust,  contract  or  other  obligation  by  which  a 
debt  is  secured,  money,  .or  solvent  credits,  above 
its  face  value.  The  present  state  board  of  equal- 
ization shall  continue  in  office  until  their  suc- 
cessors, as  herein  provided  for,  shall  be  elected 
and  shall  qualify.  The  legislature  shall  have 
power  to  redistrict  the  state  into  four  districts, 
as  nearly  equal  in  population  as  practical,  and  to 
provide  for  the  elections  of  members  of  said 
board  of  equalization. 

Section  10.  All  property,  except  as  otherwise 
in  this  constitution  provided,  shall  be  assessed 
in  the  county,  city,  city  and  county,  town  or 
township,  or  district  in  which  it  is  situated , in 
the  manner  prescribed  by  law. 

Section  10|.  The  personal  property  of  every 
householder  to  the  amount  of  one  hundred  dol- 
lars, the  articles  to  be  selected  by  each  house- 
holder, shall  be  exempt  from  taxation. 

Section  11.  Income  taxes  may  be  assessed  to 
and  collected  from  persons,  corporations,  joint- 
stock  associations,  or  companies  resident  or  do- 
ing business  in  this  state,  or  any  one  or  more 
of  them,  in  such  cases  and  amounts,  and  in  such 
manner,  as  shall  be  prescribed  by  law. 

Section  12.  No  poll  tax  or  head  tax  for  any 
purpose  whatsoever  shall  be  levied  or  collected 
in  the  State  of  California. 

Section  12|.  Fruit  and  nut-bearing  trees 
under  the  age  of  four  years  from  the  time  of 
planting  in  orchard  form,  and  grapevines  under 
the  age  of  three  years  from  the  time  of  planting 
in  vineyard  form,  shall  be  exempt  from  taxation , 
and  nothing  in  this  article  shall  be  construed  as 
subjecting  such  trees  and  grapevines  to  taxatiovi. 

Section  13.  The  legislature  shall  pass  all  laws 
necessary  to  carry  out  the  provisions  of  this 
article. 

Section  14.  Taxes  levied,  assessed  and  col- 
lected as  hereinafter  provided  upon  railroads, 
including  street  railways,  whether  operated  in 
one  or  more  counties;  sleeping  car,  dining  car , 
drawing-room  car  and  palace  car  companies,  re- 
frigerator, oil , stock,  fruit,  and  other  car-loaning 
and  other  car  companies  operating  upon  railroads 
in  this  state;  companies  doing  express  business 
on  any  railroad,  steamboat,  vessel  or  stage  line 
in  this  state;  telegraph  companies;  telephone 
companies;  companies  engaged  in  the  transmis- 
sion or  sale  of  gas  or  electricity ; insurance  com- 
panies; banks,  banking  associations,  savings  and 
loan  societies , and  trust  companies ; and  taxes 
upon  all  franchises  of  every  kind  and  nature, 
shall  be  entirely  and  exclusively  for  state  pur- 
poses, and  shall  be  levied,  assessed  and  collected 
in  the  manner  hereinafter  provided.  The  word 
“ companies ” as  used  in  this  section  shall  include 
persons , partnerships,  joint-stock  associations, 
companies,  and  corporations. 

(a)  All  railroad  companies,  including  street 
railtoays,  whether  operated  in  one  or  more  coun- 
ties; all  sleeping  car,  dining ' car , drawing-room 
car,  and  palace  car  companies,  all  refrigerator, 
oil,  stock,  fruit  and  other  car-loaning  and  other 
car  companies,  operating  upon  the  railroads  in 
this  state;  all  companies  doing  express  business 
on  any  railroad,  steamboat,  vessel  or  stage  line 
in  this  state;  all  telegraph  and  telephone  com- 
panies; and  all  companies  engaged  in  the  trans- 
mission or  sale  of  gas  or  electricity  shall  annu- 
ally pay  to  the  state  a tax  upon  their  franchises, 


[Thirty  nine] 


roadways , roadbeds,  rails,  rolling  stock,  poles, 
wires,  pipes,  canals,  conduits,  rights  of  way,  and 
other  property,  or  any  part  thereof  used  ex- 
clusively in  the  operation  of  their  business  in  this 
state,  computed  as  follows:  Said  tax  shall  be 
equal  to  the  percentages  hereinafter  fixed  upon 
the  gross  receipts  from  operation  of  such  com- 
panies, and  each  thereof  within  this  state.  When 
such  companies  are  operating  partly  within  and 
partly  without  this  state , the  gross  receipts  with- 
in this  state  shall  be  deemed  to  be  all  receipts  on 
business  beginning  and  ending  within  this  state, 
and  a proportion,  based  upon  the  proportion  of 
the  mileage  within  this  state  to  the  entire  mile- 
age over  which  such  business  is  done,  of  receipts 
on  all  business  passing  through,  into,  or  out  of 
this  state. 

The  percentages  above  mentioned  shall  be  as 
follows:  On  all  railroad  companies , including 
street  railways,  four  per  cent ; on  all  sleeping  car , 
dining  car,  drawing-room  car,  palace  car  com- 
panies, refrigerator,  oil,  stock,  fruit,  and  other  car- 
loaning  and  other  car  companies , three  per  cent ; 
on  all  companies  doing  express  business  on  any 
railroad,  steamboat,  vessel  or  stage  line,  two  per 
cent;  on  all  telegraph  and  telephone  companies, 
three  and  one-half  per  cent ; on  all  companies 
engaged  in  the  transmission  or  sale  of  gas  or 
electricity,  four  per  cent.  Such  taxes  shall  be  in 
lieu  of  all  other  taxes  and  licenses,  state,  county 
and  municipal,  upon  the  property  above  enumer- 
ated of  such  companies  except  as  otherwise  in 
this  section  provided;  provided,  that  nothing 
herein  shall  be  construed  to  release  any  such 
company  from  the  payment  of  any  amount  agreed 
to  be  paid  or  required  by  law  to  be  paid  for  any 
special  privilege  or  franchise  granted  by  any  of 
the  municipal  authorities  of  this  state. 

(b)  Every  insurance  company  or  association 
doing  business  in  this  state  shall  annually  pay  to 
the  state  a tax  of  one  and  one-half  per  cent  upon 
the  amount  of  the  gross  premiums  received  upon 
■its  business  done  in  this  state,  less  return 
premiums  and  reinsurance  in  companies  or  as- 
sociations authorized  to  do  business  in  this  szate; 
provided,  that  there  shall  be  deducted  from  said 
one  and  one-half  per  cent  upon  the  gross  pre- 
miums the  amount  of  any  county  and  municipal 
taxes  paid  by  such  companies  on  real  estate 
owned  by  them  in  this  state.  This  tax  shall  be 
ii  lieu  of  all  other  taxes  and  licenses,  state, 
county  and  municipal,  upon  the  property  of  such 
companies,  except  county  and  municipal  taxes 
on  real  estate,  and  except  as  otherwise  in  this 
section  provided;  provided,  that  when  by  the 
laws  of  any  other  state  or  country,  any  taxes, 
fines,  penalties,  licenses,  fees,  deposits  of  money, 
or  of  securities,  or  other  obligations  or  prohibi- 
tions, are  imposed  on  insurance  companies  of  this 
state,  doing  business  in  such  other  state  or 
country,  or  upon  their  agents  therein,  in  excess 
of  such  taxes,  fines,  penalties,  licenses,  fees,  de- 
posits of  money,  or,  of  securities,  or  other  obliga- 
tions or  prohibitions,  imposed  upon  insurance 
companies  of  such  other  state  or  country,  so  long 
as  such  laws  continue  in  force,  the  same  obliga- 
tions and  prohibitions  of  whatsoever  kind  may  be 
imposed  by  the  legislature  upon  insurance  com- 
panies of  such  other  state  or  country  doing  busi- 
ness in  this  state. 

(c)  The  shares  of  capital  stock  of  all  banks, 
organized  under  the  laws  of  this  state,  or  of  the 
United  States,  or  of  any  other  state  and  located 
in  this  state,  shall  be  assessed  and  taxed  to  the 
owners  or  holders  thereof  by  the  state  board  of 
equalization,  in  the  manner  to  be  prescribed  by 
law,  in  the  city  or  town  where  the  bank  is 
located  and  not  elsewhere.  There  shall  be  levied 
and  assessed  upon  such  shares  of  capital  stock 


an  annual  tax,  payable  to  the  state,  of  one  per 
centum  upon  the  value  thereof.  The  value  of 
each  share  of  stock  in  each  bank,  except  such  as 
are  in  liquidation,  shall  be  taken  to  be  the  amount 
paid  in  thereon,  together  with  its  pro  rata  of  the 
accumulated  surplus  and  undivided  profits.  The 
value  of  each  share  of  stock  in  each  bank  which 
is  in  liquidation  shall  be  taken  to  be  its  pro  rata 
of  the  actual  assets  of  such  bank.  This  tax  shall 
be  in  lieu  of  all  other  taxes  and  licenses,  state, 
county  and  municipal,  upon  such  shares  of  stock 
and  upon  the  property  of  such  banks,  except 
county  and  municipal  taxes  on  real  estate  and 
except  as  otherwise  in  this  section  provided.  In 
determining  the  value  of  the  capital  stock  of  any 
bank  there  shall  be  deducted  from  the  value , as 
defined  above,  the  value,  as  assessed  for  county 
taxes,  of  any  real  estate,  other  than  mortgage 
interests  therein,  owned  by  such  bank  and  taxed 
for  county  purposes.  The  banks  shall  be  liable 
to  the  state  for  this  tax  and  the  same  shall  be 
paid  to  the  state  by  them  on  behalf  of  the  stock- 
holders in  the  manner  and  at  the  time  prescribed 
by  law,  and  they  shall  have  a lien  upon  the 
shares  of  stock  and  upon  any  dividends  declared 
thereon  to  secure  the  amount  so  paid. 

The  moneyed  capital,  reserve,  surplus,  un- 
divided profits  and  all  other  property  belonging 
to  unincorporated  banks  or  bankers  of  this  state, 
or  held  by  any  bank  located'  in  this  state  which 
has  no  shares  of  capital  stock,  or  employed  in 
this  state  by  any  branches,  agencies , or  other 
representatives  of  any  banks  doing  business  out- 
side of  the  State  of  California,  shall  be  likewise 
assessed  and  taxed  to  such  banks  or  bankers  by 
the  said  board  of  equalization,  in  the  manner  to 
be  provided  by  law  and  taxed  at  the  same  rate 
that  is  levied  upon  the  shares  of  capital  stock  of 
incorporated  banks,  as  provided  in  the  first  para- 
graph of  this  subdivision.  The  value  of  said 
property  shall  be  determined  by  taking  the  entire 
property  invested  in  such  business,  together  with 
all  the  reserve,  surplus,  and  undivided  profits,  at 
their  full  cash  value,  and  deducting  therefrom 
the  value  as  assessed  for  county  taxes  of  any 
real  estate,  other  than  mortgage  interests  therein , 
owned  by  such  bank  and  taxed  for  county  pur- 
poses. Such  taxes  shall  be  in  lieu  of  all  other 
taxes  and  licenses,  state , county  and  municipal, 
upon  the  property  of  the  banks  and  bankers  men- 
tioned in  this  paragraph,  except  county  and 
municipal  taxes  on  real  estate  and  except  as 
otherwise  in  this  section  provided.  It  is  the  in - 
ention  of  this  paragraph  that  all  moneyed  capital 
and  property  of  the  banks  and  bankers  mentioned 
in  this  paragraph  shall  be  assessed  and  taxed  at 
the  same  rate  as  an  incorporated  bank,  provided 
for  in  the  first  paragraph  of  this  subdivision.  In 
determining  the  value  of  the  moneyed  capital  and 
property  of  the  banks  and  bankers  mentioned  in 
this  subdivision,  the  said  state  board  of  equaliza- 
tion shall  include  and  assess  to  such  banks  all 
property  and  everything  of  value  owned  or  held 
by  them,  which  go  to  make  up  the  value  of  the 
capital  stock  of  such  banks  and  bankers,  if  the 
same  were  incorporated  and  had  shares  of  capital 
stock. 

The  word  etbanks”  as  used  in  this  subdivision 
shall  include  banking  associations,  savings  and 
loan  societies  and  trust  companies,  but  shall  not 
include  building  and  loan  associations. 

( d ) All  franchises,  other  than  those  expressly 
provided  for  in  this  section,  shall  be  assessed  at 
their  actual  cash  value,  in  the  manner  to  be  pro- 
vided by  law,  and  shall  be  taxed  at  the  rate  of 
one  per  centum  each  year,  and  the  taxes  collected 
thereon  shall  be  exclusively  for  the  benefit  of  the 
state. 

( e ) Out  of  the  revenues  from  the  taxes  pro- 
vided for  in  this  section , together  with  all  other 


[Forty] 


>ate  revenues , there  shall  be  first  set  apart  the 
honeys  to  be  applied  by  the  state  to  the  support 
f the  public  school  system  and  the  state  univer- 
Ity.  In  the  event  that  the  above  named 
ivenues  are  at  any  time  deemed  insufficient  to 
leet  the  annual  expenditures  of  the  state , includ- 
ig  the  above  named  expenditures  for  educational 
urposes,  there  may  be  levied , in  the  manner  to 
e provided  by  law,  a tax,  for  state  purposes , on 
ll  the  property  in  the  state,  including  the  classes 
f property  enumerated  in  this  section , sufficient 
) meet  the  deficiency.  All  property  enumerated 
i subdivisions  a , b,  and  d of  this  section  shall 
e subject  to  taxation,  in  the  manner  provided 
y law , to  pay  the  principal  and  interest  of  any 
onded  indebtedness  created  and  outstanding  by 
ny  city , city  and  county , county , town,  town- 
hip  or  district , before  the  adoption  of  this  sec- 
on.  The  taxes  so  paid  for  principal  and  interest 
n such  bonded  indebtedness  shall  be  deducted 
- om  the  total  amount  paid  in  taxes  for  state 
urposes. 

(f)  All  the  provisions  of  this  section  shall  be 
zlf -executing,  and  the  legislature  shall  pass  all 
iws  necessary  to  carry  this  section  into  effect, 
nd  shall  provide  for  a valuation  and  assessment 
f the  property  enumerated  in  this  section,  and 
hall  prescribe  the  duties  of  the  state  board  of 
lualization  and  any  other  officers  in  connection 
nth  the  administration  thereof.  The  rates  of 
ixation  fixed  in  this  section  shall  remain  in 
'tree  until  changed  by  the  legislature , two-thirds 
f all  the  members  elected  to  each  of  the  two 
ouses  voting  in  favor  thereof.  The  taxes  herein 
rovided  for  shall  become  a lien  on  the  first 
londay  in  March  of  each  year  after  the  adoption 
f this  section  and  shall  become  due  and  payable 
n the  first  Monday  in  July  theredfter.  The  gross 
sceipts  and  gross  premiums  herein  mentioned 
hall  be  computed  for  the  year  ending  the  thirty- 
rst  day  of  December  prior  to  the  levy  of  such 
axes  and  the  value  of  any  property  mentioned 
erein  shall  be  fixed  as  of  the  first  Monday  in 
larch.  Nothing  herein  contained  shall  affect 
ny  tax  levied  or  assessed  prior  to  the  adoption 
f this  section ; and  all  laws  in  relation  to  such 
axes  in  force  at  the  time  of  the  adoption  of  this 
action  shall  remain  in  force  until  changed  by  the 
igislature.  Until  the  year  1918  the  state  shall 
zimburse  any  and  all  counties  which  sustain 
>ss  of  revenue  by  the  withdrawal  of  railroad 
roperty  from  county  taxation  for  the  net  loss 
i county  revenue  occasioned  by  the  withdrawal 
f railroad  property  from  county  taxation.  The 
; gislature . shall  provide  for  reimbursement  from 
'ie  general  funds  of  any  county  to  districts 
herein  where  loss  is  occasioned  in  such  districts 
y the  withdrawal  from  local  taxation  of  prop- 
rty  taxed  for  state  purposes  only. 

( g ) No  injunction  shall  ever  issue  in  any  suit, 
ction  or  proceeding  in  any  court  against  this 
l,ate  or  against  any  officer  thereof  to  prevent  or 
ijoin  the  collection  of  any  tax  levied  under  the 
revisions  of  this  section;  but  after  payment 
ction  may  be  maintained  to  recover  any  tax 
legally  collected  in  such  manner  and  at  such 
me  as  may  now  or  hereafter  be  provided  by 
tw. 

RGUMENTS  IN  FAVOR  OF  LAND  TAX- 
ATION  AMENDMENT. 

An  acre  on  Market  street,  San  Francisco,  is 
'Orth  millions.  An  acre  in  the  Mojave  is 
orth — nothing.  Why  the  difference  in  value? 
nswer:  just  people.  Half  a million  people 
uster  about  Market  street.  Every  stroke  of 
ibor,  every  nickel  spent,  every  child  born  in  a 


community  adds  value  to  all  the  land  of  that 
community — idle  as  well  as  used. 

Who  gets  this  increased  value  of  the  land? 
The  people  who  create  it?  No.  Private  land 
owners  get  it.  Is  that  right? 

You  build  a home.  It  costs  money,  skill,  fore- 
thought, and  it  employs  labor.  Next  door  a 
speculator  holds  a vacant  lot  grown  to  weeds, 
unsightly,  unused.  Who  pays  the  more  taxes? 
You  do.  Is  that  right? 

The  Constitution  of  California  reads:  “The 
holding  of  large  tracts  of  land,  uncultivated  and 
unimproved,  by  individuals  or  corporations,  is 
against  the  public  interest.”  Yet  corporations 
hold  millions  of  acres  in  this  state,  “unculti- 
vated and  unimproved,”  pay  almost  no  taxes, 
while  thousands  tramp  for  jobs.  Is  this  right? 

The  farmer  pays  indirect  taxes  on  everything 
he  consumes  and  uses  because  industry  is 
taxed.  .On  top  of  that  he  pays  taxes  on  im- 
provements. Is  this  right? 

If  there  were  but  one  tax — a tax  on  land 
values — the  farmer  would  pay  less  than  half 
what  he  now  pays;  the  city  block  owner  would 
pay  more  than  enough  to  make  up  what  the 
farmer  saves.  And  that  would  be  right. 

Can  we  do  better  than  to  make  it  unprofitable 
to  hold  idle  land  from  use? 

Charles  James. 


The  Land  Taxation  amendment  is  essentially 
a repeal  measure.  Let  us  repeal  all  taxes  on 
industry,  thrift  and  enterprise,  relying  for  pub- 
lic revenues  on  a tax  on  what  the  whole  public 
creates,  and  depriving  no  person  of  what  he 
produces. 

This  will  lower  taxes  on  all  improved  and 
used  land.  Keeping  land  idle  makes  it  harder 
for  earners  to  own  their  homes,  orchards  or 
ranches. 

It  will  release  land  now  held  idle  so  that 
farmers  will  not  be  prevented  from  expanding 
their  holdings  as  the  size  of  their  families 
grows.  In  no  other  way  can  agriculture  be  so 
efficiently  encouraged. 

It  will  lower  rents;  will  make  employment 
more  plentiful  and  more  secure,  thus  raising 
wages  and  lowering  cost  of  living. 

There  is  plenty  of  land  when  idle  acres  are 
free.  Gasoline  and  fuel  and  shelter  will  be 
cheap  when  no  oil  lands,  mineral  deposits  or 
forests  can  be  held  from  use. 

This  is  a human  measure,  securing  to  the 
whole  people  land,  air  and  sunshine  free.  Its 
call  is  to  human  love  at  its  best — the  passion  in 
all  of  us  to  feed  all  children  equally  well;  to 
secure  to  the  weakest  member  of  society  at 
least  ample  shelter  and  food. 

It  is  to  the  interest  of  all  the  people  to  vote 
for  this  amendment;  for  even  the  pampered 
parasites  who  fatten  off  the  labor  of  others  will 
lead  happier  lives  and  leave  their  children  a 
saner  heritage  by  going  to  work  like  the  rest 
of  us. 

Lona  Ingham  Robinson. 

ARGUMENT  AGAINST  LAND  TAXATION 
AMENDMENT. 

This  amendment,  which  appears  on  the  ballot 
by  initiative  petition,  • proposes  to  lay  upon  the 
people  of  California  the  burden  of  experimenting 
with  a certain  theory  known  as  the  “single 
tax.” 

No  state  in  the  Union  has  put  this  theory  into 
practice,  and  no  economist  or  taxation  authority 
of  national  standing  can  be  found  to  endorse  it. 


[Forty-one] 


Nevertheless  it  is  vigorously  championed  by  a 
group  of  persons  throughout  the  United  States 
who  for  some  years  past  have  concentrated 
their  efforts  on  securing  its  adoption  in  Cali- 
fornia. A similar  measure  was  defeated  here  in 
1912  by  a majority  of  74,638  votes,  and  again  in 
1914  by  108,016  votes.  The  proposal  is  now  ad- 
vanced for  the  third  time,  and  presumably  will 
continue  to  come  before  the  people  at  each  elec- 
tion until  the  fund  supporting  the  propaganda  is 
exhausted,  or  until  the  law  is  changed  to  correct 
this  pernicious  misuse  of  the  initiative.  Mean- 
time the  continued  vigilance  of  the  voters  is 
their  only  protection. 

Briefly,  the  amendment  substitutes  a land  tax 
for  all  taxes  now  levied  and  collected  on  other 
forms  of  property.  The  result  can  be  easily 
demonstrated.  If  other  forms  of  property  are 
released  from  taxation,  land  must  of  necessity 
pay  more.  Inasmuch  as  a tax  upon  land  value 
can  not  be  shifted,  this  amounts  to  the  confisca- 
tion of  a part,  if  not  all,  of  the  property  of 
whoever  owns  land  at  the  time  the  change  goes 
into  effect.  A tax  on  land  is  a net  deduction 
from  the  rent  of  the  land,  and  .when  the  tax  is 
made  large  enough  to  absorb  most  of  the  rent, 
as  it  would  be  under  any  form  of  the  single  tax, 
the  value  of  the  land  disappears. 


Aside  from  the  appalling  economic  effects  of 
such  a change,  involving  the  readjustment  of 
taxes  amounting  to  $126,000,000  a year,  the  pro- 
posal is  vicious  in  the  highest  degree,  for  it 
contemplates  the  deliberate  abrogation  of  the 
social  contract  whereunder  land  has  been  held 
for  centuries  in  private  ownership.  It  is  not 
denied  that  landowners  as  a class  have  acquired 
the  values  in  their  possession  at  a cost  in  labor 
and  sacrifice  commensurate  with  the  cost  of 
other  property  of  equal  value.  Yet  this  class  is 
singled  out  to  be  mulcted  of  tens  of  millions  of 
dollars  in  values  acquired  with  the  sanction  of 
law  and  society,  on  the  theory,  held  by  the  pro- 
ponents of  this  amendment,  that  private  owner- 
ship in  land  is  robbery  and  its  confiscation  a 
duty — a doctrine  that  should  excite  the  instinc- 
tive abhorrence  of  every  right  thinking  voter. 

For  farmers,  whose  property  is  chiefly  in  land, 
the  proposed  change  would  be  ruinous. 

For  the  great  majority  of  landowners,  includ- 
ing the  thousands  who  own  small  homes,  the 
amendment  would  impose  a heavy  sacrifice  in 
value. 

For  all  businesses  the  adoption  of  the  amend- 
ment would  mean  a radical  unsettlement  of  con- 
ditions which  have  been  adjusted  to  the  existing 
tax  system  through  a long  period  of  years. 

John  S.  Drum. 


[Forty-two] 


NEGLIGIBILITY  TO  OFFICE.  Initiative  measure  amending  Sec-  I 

tion  19  of  Article  IV  of  Constitu-  YES 
tion.  Declares  that  no  Senator  or  Member  of  Assembly  shall,  during  the  term 
O for  which  he  shall  have  been  elected,  hold  or  accept  any  office,  trust,  or  employ- 
ment under  this  State;  provided  that  this  provision  shall  not  apply  to  any  NO 
office  filled  by  election  by  the  people. 


The  electors  of  the  State  of  California  present 
the  secretary  of  state  this  petition,  and  re- 
est  that  a proposed  amendment  to  section 
leteen  of  article  four  of  the  Constitution  of  the 
ite  of  California,  as  hereinafter  set  forth,  be 
bmitted  to  the  people  of  the  State  of  Cali- 
mia  for  their  approval  or  rejection,  at  the 
xt  ensuing  general  election,  or  as  provided  by 
v.  The  proposed  amendment  is  as  follows : 
e people  of  the  State  of  California  do  enact 
as  follows : 

Section  nineteen  of  article  four  of  the  Constitu- 
n of  the  State  of  California  is  hereby  amended 
read  as  follows : 

i Proposed  Amendment. 

Section  19.  No  senator  or  member  of  as- 
mbly  shall,  during  the  term  for  which  he  shall 
ve  been  elected,  hold  or  accept  any  office, 
jst,  or  employment  under  this  state;  provided, 
at  this  provision  shall  not  apply  to  any  office 
ed  by  election  by  the  people. 

Section  nineteen  of  article  four,  proposed  to 
amended,  now  reads  as  follows: 

Existing  Provisions. 

Section  19.  No  senator  or  member  of  assem- 
r shall,  during  the  term  for  which  he  shall 
ve  been  elected,  be  appointed  to  any  civil  of- 
e of  profit  under  this  state  which  shall  have 
en  created , or  the  emoluments  of  which  have 
?n  increased,  during  such  term,  except  such  of- 
es  as  may  be  filled  by  election  by  the  people. 

1GUMENTS  IN  FAVOR  OF  INELIGIBILITY 
TO  OFFICE  AMENDMENT. 

It  has  always  been  the  aim  of  any  repub- 
an  form  of  government  to  remove  the  legis- 
ive  branch  of  the  government  from  the  con- 
>1  of  the  executive  branch.  It  is  evident  that 
lere  a member  of  the  legislature  is  holding  a 
id  position  in  the  executive  department  of 
3 state  that  the  separation  which  should  exist 
tween  these  two  branches  of  the  government 
at  an  end.  The  American  theory  has  always 
sn  that  those  who  execute  the  laws  should 
t be  the  same  individuals  as  those  who  make 
3 laws,  yet  one  who  is  both  an  assemblyman 
d a member  of  the  executive  department  is 
just  that  position.  It  would  not  be  an  edify- 
; spectacle,  nor  would  it  make  for  civic  de- 
lcy,  to  see  such  an  individual  introducing  a 
1 in  his  legislative  capacity  which  would  in- 
case the  pay  he  would  receive  in  his  executive 
pa  city. 

There  is  another  reason  why  this  measure 
mid  pass.  We  should  remember  that  a legis- 
or  who  is  holding  a position  on  the  state  pay 
1 is  too  apt  to  allow  the  wishes  of  the  one 
tponsible  for  his  appointment  to  dictate  the. 
nner  in  which  his  vote  shall  be  cast.  A man 
such  a position,  is,  to  say  the  least,  not  in 
it  independent  frame  of  mind  which  should 
possessed  by  the  ideal  legislator. 

There  can  be  no  doubt  that  a vote  “Yes”  on 
s measure  will  tend  materially  to  raise  the 
ndard  of  the  California  legislature  of  the 
ure.  Richmond  P.  Benton, 

Assemblyman  Sixty-sixth  District. 


iVhile  some  of  our  most  efficient  officials  have 
m men  holding_appointment  under  the  state, 
the  same  time  being  members  of  the  legisla- 
e,  the  practice  is  one  which  some  day  may  be 
>jected  to  abuse.  Tfie  proposed  law  to  render 
member  of  the  legislature  ineligible  to  any 
ce  under  the  state,  other  than  an  elective 
ce,  during  the  term  for  which  he  shall  have 
;n  elected,  is  therefore  in  the  interest  of  good 
rernment  and  should  be  adopted. 


Once  such  a law  is  written  into  our  statutes, 
we  eliminate  the  incentive  which  a legislator 
may  have  to  favor  a law  creating  a position  to 
which  later  he  may  contemplate  appointment. 

The  legislator  should  have  no  selfish  interest 
in  connection  with  the  enactment  of  any  law  or 
the  creation  of  any  office.  The  proposed  law 
without  doubt  will  very  largely  eliminate  the 
possible  selfish  considerations. 

Here  and  there  the  state,  by  reason  of  such  a 
law,  will  actually  suffer,  as  it  frequently  hap- 
pens that  the  most  highly  specialized  man  for 
work  in  connection  with  a certain  department  of 
state  is  a member  of  the  legislature.  There  are 
instances  of  that  sort  today,  where,  by  the  enact- 
ment of  such  a law,  the  state  will  lose  the  services 
of  especially  qualified  and  conscientious  officials. 

To  my  mind,  however,  the  advantages  from 
the  proposed  law  wholly  outweigh  the  disad- 
vantages, and  the  net  result  of  such  a law  will 
be  beneficial  alike  to  the  legislature  and  to  the 
public.  Dr.  John  R.  Haynes. 

ARGUMENT  AGAINST  INELIGIBILITY  TO 
OFFICE  AMENDMENT. 

To  pass  this  constitutional  amendment  is  in 
effect  to  say  that  every  governor  and  member 
of  the  state  legislature  is  dishonest  and  without 
integrity  or  character,  because  those  who  urge 
its  adoption  are  loud  in  their  cries  that  it  will 
prevent  the  governor  from  bartering  for  legisla- 
tive votes  by  appointing  senators  and  assembly- 
men  who  favor  administration  measures  to  state 
offices,  and  that  it  will  further  destroy  the  incen- 
tive for  members  of  the  legislature  to  vote  with 
the  governor  in  the  hope  of  obtaining  a state 
position  in  reward  thereof.  It  is  certainly  a sad 
commentary  on  the  integrity  of  our  governors 
and  legislators  by  thus  stigmatizing  executive 
and  legislative  service.  And  even  if  this  amend- 
ment should  pass,  could  not  the  governor,  were 
he  so  lacking  in  integrity  and  unmindful  of  tne 
obligations  of  his  high  office,  secure  the  same 
legislative  votes  by  appointing  relatives  or  politi- 
cal friends  of  such  servile  members  of  the  legis- 
lature who  would  sell  their  honor  and  barter 
the  trust  reposed  in  them  by  their  constituents? 
Its  adoption  must  inevitably  fail  in  the  accom- 
lishment  of  any  purpose  except  to  close  other 
avenues  of  political  service  to  legislators. 

Do  you  realize  that  under  this  amendment  a 
senator  or  assemblyman  could  not  take  a civil 
service  examination  for  a state  position? 

In  many  instances  it  makes  for  efficiency  to 
appoint  upon  commissions  members  of  the  legis- 
lature who  have  given  careful  study  to  the  needs, 
aims  and  objects  of  a commission  created  or  a 
law  enacted. 

Another  argument  advanced  by  the  proponents 
of  this  measure  is  that  members  of  the  legisla- 
ture who  are  appointed  to  state  offices  receive 
two  salaries,  but  the  records  will  show  that 
leaves  of  absence  are  invariably  obtained  by  such 
appointees  during  sessions  of  the  legislature  and 
the  actual  time  of  the  legislative  session  is  gen- 
erally about  eighty  days  every  two  years.  Thus 
the  people  lose  nothing,  while  the  incumbent  of 
a state  position  who  is  a member  of  the  state 
legislature  is  better  fitted  through  his  legislative 
experience  for  the  discharge  of  his  duties. 

The  American  people  love  fair  play ; they  like 
to  reward  efficient  and  faithful  public  service  by 
promotion,  yet  the  adoption  of  this  proposed 
measure  would  render  every  member  of  the  legis- 
lature ineligible  for  promotion  to  higher  positions 
and  graver  duties  and  responsibilities,  however 
efficient  and  meritorious  his  services  in  the  legis- 
lature may  have  been.  Thos.  P.  White, 
Presiding  Judge,  Police  Court,  Los  Angeles. 


[Forty-three] 


■pfyp- the  amendment  to  the  state  HIGH- 

wavact”-  section  8 of  state  Highway  Aci of  f9  tby,  C 

WAX  AO  A.  v!ding  that  whenever  state  engineering  department  deter- 
mines that  construction  cost  of  state  highway  in  county  entails  unjust  burden 
on  such  county  in  refunding  to  state  entire  bond  interest  on  bond  proceeds 
scent  therefor  such  county  shall  be  required  to  refund  only  such  portion 
thereof^  as  such  department  adjudges  reasonable.  Amendment  effective  Decem- 
ber 31,  1916.  ■ 

7 — ' ' 


AGAINST  THE  AMENDMENT  TO  THE  STATE 
HIGHWAY  ACT. 


An  act  to  amend  an,  act  entitled  .An  act  a^ho 
izing  the  construction,  acquisition,  mamte 
nance  and  control  of  a system  of  state  mg 
ways  in  the  State  of  California;  specifying 
me  work,  fixing  the  payments  to  be  made 
by  counties  for  moneys  expended  therein, 
providing  for  the  issuance  and  sale  of  state 
bonds  to  create  a fund  for  the  construction 
and  acquisition  of  siich  system;  ^eating  a 
sinking  fund  for  the  payment  pfsmd  bonds 
and  providing  for  the  submission  of  thi*  act 

to  a vote  of  the  people,”  approved  March  22, 
1909,  and  approved,  ratified  and  adopted  by 
the  people  of  the  State  of  California  at  the 
general  election  held  in  the  month  of  Novem- 
ber 1910,  A.  D.,  by  amending  section  ei^ht 
thereof,  relative  to  the  reimbursement  to  the 
state  by  the  several  counties  thereof  of 
sums  equal  to  the  interest  upon  certain  out- 
ItSing  bonds,  and  the  proceeds  of  sale 
thereof,  sold  and  applied  as  m said  act  pro- 
vided, and  providing  for  the  submission  0 
this  act  to  a vote  of  the  people, 
r Submitted  to  the  people  by  the  legislature  of 
the ^ State  of  California,  at  its  regular  session 
commencing  on  the  4th  day  of  January,  1915.] 
The  people  of  the  State  of  California  do  enact 
as  follows: 

hi|hwayasn.Cn  thf  StSJZt  California;  specifying; 

therein  -^provid- 
ing tor  the  issuance  and  sale  of  state  bonds  to 
create  a fund  for  the  construction  and  acquisi- 
system;  creating  a sinking  fund  fo 


tlon  ofS  system ‘ creating  a sinking. fund  for 
the  payment  of  said  bonds;  and  providing  for 
the  submission  of  this  act  to  a vote  * 
nponte”  approved  March  22,  1909,  and  approved, 
ratified  and  adopted  by  the  people  of  the  State 
ofcahfornia  at  the  general  election  held  in the 
month  of  November  1910,  A.  D.,  *s  hereoy 
amended  to  read  as  follows; 


Proposed  Amendment. 

Sec  8.  The  highway  constructed  or  acquired 
under  the  provisions  of  this  act  shall  be  perma- 
«««?  in  character  and  be  finished  with  oil  or 
macadam  or  a combination  of  both,  or  of  such 


other  material  as  in  the  judgment  of  the  said 
department  of  engineering  shall  be  most  suitable 
and  best  adapted  to  the  particular  locality 
traversed.  The  state  department  of  engineering, 
in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, may  purchase,  receive  by  donation  or 
dedication,  or  lease  any  right  of  way,  rock 
quarry  or  land  necessary  or  proper  for  the  con- 
struction, use  or  maintenance  of  said  state 
highway  and  shall  proceed,  if  necessary,  to  con- 
demn under  the  provisions  of  the  Code  of  Civil 
Procedure  relating  to  such  proceedings  any 
necessary  or  proper  right  of  way,  rock  quarry 
or  land.  The  department  of  engineering  shall 
have  full  power  and  authority  to  purchase  all 
supplies,  material,  machinery  and  to  do  all  other 
things  necessary  or  proper  in  the  construction 
and  maintenance  of  said  state  highway.  With 
the  exception  of  those  public  highways  which 
have  been  permanently  improved  under  county 
or  permanent  road  division  bond  issues  within 
three  years  prior  to  the  adoption  of  this  act, 
all  public  highways  within  this  state  lying 
within  the  right  of  way  of  said  state  highway 
as  determined  and  adopted  by  the  department 
of  engineering  shall  be"  and  the  same  shall  be- 
come a part  of  the  right  of  way  of  said  state 
highway,  without  compensation  being  paid 
therefor;  provided,  nothing  herein  contained 
shall  recuire  the  state  to  maintain  any  high- 
way along  or  on  said  right  of  way,  prior  tc 
the  completion  or  acquisition  of  the  permanent 
improvements  contemplated  by  this  act.  When- 
ever any  money  received  from  the  sale  o 
bonds,  under  the  provisions  of  this  act,  shal 
be  expended  in  any  county  in  this  state,  sucl 
county  must  pay  into  the  state  treasury  sucl 
sum  each  vear  as  shall  equal  the  interest,  at  th< 
rate  of  four  per  cent  per  annum,  upon  the  entir- 
sum  of  money  expended  within  such  county  v 
the  construction  of  said  state  highway,  less  sue: 
portion  of  said  amount  expended  as  the  bond 
matured  under  the  provisions  of  this  act,  sha 
bear  to  the  total  number  of  bonds  sold  and  out 
standing;  provided,  however,  that  in  all  case 
where,  by  reason  of  physical  difficulties  to  b 
overcome,  or  other  good  and  sufficient  cause,  th 
state  department  of  engineering  shall  determln 
that  the  cost  of  construction  of  any  portion  < 
such  state  highway  in  any  county,  or  countie 
is  so  great  as  to  entail  an  unjust  and  Jnequltab 


[Forty-four] 


burden  upon  any  such,  county,  or  counties,  fn 
refunding  to  the  state  the  sums  so  paid  for 
interest  upon  the  bonds  sold  and  the  proceeds 
thereof  applied  as  aforesaid,  such  county,  or 
counties,  shall  not  be  required  to  refund  the 
whole  amount  of  such  interest,  but  only  such 
proportion  thereof  as  the  state  department  of 
engineering  shall  adjudge  to  be  fair  and  reason- 
able. All  highways  constructed  or  acquired 
under  the  provisions  of  this  act  shall  be  perma- 
nently maintained  and  controlled  by  the  State 
of  California. 

Sec.  2.  This  act,  if  adopted  by  the  people, 
shall  take  effect  on  the  thirty-first  day  of  De- 
cember, 1916,  as  to  all  its  provisions  except 
those  relating  to,  and  necessary  for,  its  sub- 
mission to  the  people  and  for  returning,  can- 
vassing and  proclaiming  the  votes,  and  as  to 
such  excepted  provisions  this  act  shall  take 
effect  ninety  days  after  the  final  adjournment 
of  the  present  session  of  the  legislature. 

Sec.  3.  This  act  shall  be  submitted  to  the 
people  of  the  State  of  California  for  their  ratifi- 
cation at  the  next  general  election  to  be  holden 
in  the  month  of  November,  1916,  A.  D.,  and 
all  ballots  at  said  election  shall  have  printed 
thereon,  and  at  the  end  thereof,  the  words  “For 
the  amendment  to  the  state  highway  act”  ; and 
in  a separate  line,  under  the  same,  the  words 
“Against  the  amendment  to  the  state  highway 
act.”  Opposite  said  lines  there  shall  be  left 
spaces  in  which  the  voters  may  make  or  stamp 
a cross  to  indicate  whether  they  vote  for  or 
against  said  act  and  those  voting  for  said  act 
shall  do  so  by  placing  a cross  opposite  the 
words  “For  the  amendment  to  the  state  high- 
way act,”  and  all  those  voting  against  the  said  . 
act  shall  do  so  by  placing  a cross  opposite  the 
words  “Against  the  amendment  to  the  state 
highway  act.”  The  governor  of  this  state  shall 
include  the  submission  of  this  act  to  the  people, 
as  aforesaid,  in  his  proclamation  calling  for  said 
general  election. 

Sec.  4.  The  votes  cast  for  or  against  this  act 
shall  be  counted,  returned  and  canvassed  and 
declared  in  the  same  manner  and  subject  to  the 
same  rules  as  votes  cast  for  state  officers,  and 
if  it  appears  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it 
at  such  election,  as  aforesaid,  then  the  same 
shall  have  effect  as  hereinbefore  provided  and 
shall  be  irrepealable  until  the  principal  and  in- 
terest of  the  liabilities  created  under  the  pro- 
visions of  said  state  highway  act,  approved 
March  22,  1909,  shall  be  paid  and  discharged, 
and  the  governor  shall  make  proclamation 
thereof.  But  if  a majority  of  the  votes  cast,  as 
aforesaid,  are  against  this  act  then  the  same 
shall  be  and  become  void. 

Sec.  5.  It  shall  be  the  duty  of  the  secretary 
of  state  to  have  this  act  published  in  at  least 
one  newspaper  in  each  county,  or  city  and 
county,  if  one  be  published  therein,  throughout 
this  state,  for  three  months  next  preceding  the 
general  election  to  be  holden  in  the  month  of 
November,  A.  D.  nineteen  hundred  and  sixteen; 
the  cost  of  publication  shall  be  paid  out  of  the 
general  fund,  on  controller’s  warrants  duly 
drawn  for  the  purpose. 

Section  eight  of  the  state  highways  act,  pro- 
posed to  be  amended,  now  reads  as  follows: 

Existing  Provisions. 

Sec.  8.  The  highway  constructed  or  acquired 
under  the  provisions  of  this  act  shall  be  perma- 
nent in  character  and  be  finished  with  oil  or 
macadam  or  a combination  of  both,  or  of  such 
other  material  as  in  the  judgment  of  the  said 
department  of  engineering  shall  be  most  suitable 


and  best  adapted  to  the  particular  locality 
traversed.  The  state  department  of  engineering, 
in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, may  purchase,  receive  by  donation  or 
dedication,  or  lease  any  right  of  way,  rock 
quarry  or  land  necessary  or  proper  for  the  con- 
struction, use  or  maintenance  of  said  state  high- 
way and  shall  proceed,  if  necessary,  to  condemn 
under  the  provisions  of  the  Code  of  Civil  Pro- 
cedure relating  to  such  proceedings  any  neces- 
sary 'or  proper  right  of  way,  rock  quarry  or  land. 
The  department  of  engineering  shall  have  full 
power  and  authority  to  purchase  all  supplies, 
material,  machinery  and  to  do  all  other  things 
necessary  or  proper  in  the  construction  and 
maintenance  of  said  state  highway.  With  the 
exception  of  those  public  highways  which  have 
been  permanently  improved  under  county  or 
permanent  road  division  bond  issues  within 
three  years  prior  to  the  adoption  of  this  act; 
all  public  highways  within  this  state  lying  with- 
in the  right  of  way  of  said  state  highway  as 
determined  and  adopted  by  the  department  of 
engineering  shall  be  and  the  same  shall  become 
a part  of  the  right  of  way  of  said  state  high- 
way, without  compensation  being  paid  therefor; 
provided  nothing  herein  contained  shall  require 
the  state  to  maintain  any  highway  along  or  on 
said  right  of  way,  prior  to  the  completion  or 
acquisition  of  the  permanent  improvements  con- 
templated by  this  act.  Whenever  any  money 
received  from  the  sale  of  bonds,  under  the  pro- 
visions of  this  act,  shall  be  expended  in  any 
county  in  this  state,  such  county  must  pay  into 
the  state  treasury  such  sum  each  year  as  shall 
equal  the  interest,  at  the  rate  of  four  per  cent 
per  annum,  upon  the  entire  sum  of  money  ex- 
pended within  such  county  in  the  construction 
of  said  state  highway,  less  such  portion  of  said 
amount  expended  as  the  bonds  matured  under 
the  provisions  of  this  act,  shall  bear  to  the  total 
number  of  bonds  sold  and  outstanding.  All 
highways  constructed  or  acquired  under  the  pro- 
visions of  this  act  shall  be  permanently  main- 
tained and  controlled  by  the  State  of  California. 

ARGUMENT  IN  FAVOR  OF  AMENDMENT 
TO  STATE  HIGHWAYS  ACT. 

The  proposed  measure  is  an  amendment  to 
the  State  Highways  Act  enacted  by  the  legis- 
lature during  the  session  of  1909  and  ratified  by 
vote  of  the  people  in  November,  1910. 

Under  this  act  the  counties  pay  the  interest 
on  state  highway  bonds,  the  proceeds  of  the 
sale  of  which  are  expended  within  the  county. 

The  unamended  action  of  this  law  at  times 
works  an  injustice  on  counties;  at  other  times 
lays  on  the  county  a burden  which  it  can  not 
bear. 

Yolo  county,  for  example,  was  assessed  with 
the  interest  on  the  cost  of  the  Yolo  By-pass 
trestle  because  it  happens  to  be  built  across  a 
piece  of  marsh  in  a corner  of  Yolo  county, 
though  it  is  an  asset  for  the  entire  state  as  well 
as  for  transcontinental  traffic. 

Mono  and  Trinity  counties,  sections  of  small 
population  but  expensive  road  construction,  can 
not  pay  the  interest  on  the  necessary  cost  of 
their  highway  links. 

These  are  striking  examples  of  a needed  re- 
lief. 

The  proposed  amendment  empowers  the  Ad- 
visory Engineering  Board  of  the  state  to  adjudi- 
cate and  adjust  these  interest  burdens. 

The  second  highway  ac^  (State  Highways  Act 
of  1915)  contains  this  provision. 

William  Kehoe, 

State  Senator  First  District. 


[Forty-five 'l 


30NDS,  proposed  Issue,  completion  of  state  highways 

DIRECT  PRIMARY  LAW,  amendments  proposed  at  1916  session  of  legislature 

Argument  against  

Argument  in  favor 

Existing  provisions,  act  of  1913 

Form  of  ballot,  as  amended,  1916 

Form  of  ballot,  non-partisan,  act  of  1913 

Form  of  ballot,  party,  act  of  1913 

H IGH  WAYS,  STATE,  act  pf  1915 

Amendment  to  act  of  1909 

Argument  in  favor  of  amendment  to  act  of  1909 

Arguments  in  favor  of  act  of  1915 

INELIGIBILITY  TO  OFFICE,  affecting  members  of  legislature 

Argument  against 

Arguments  in  favor 

INITIATIVE  AMENDMENT  adding  Article  XXIV-A  to  Constitution 

Argument  against — 

Argument  in  favor 

LAND  TAXATION,  and  raising  of  public  revenues 

Argument  against 

Arguments  in  favor — 

PROHIBITION.  Article  XXIV  of  Constitution 

Argument  against  

Argument  in  favor 


Page. 
7 

___  11 
___  37 
___  37 

24 

___  19 
___  33 
___  32 

___  7 
44 

___  45 
10 

43 

____  43 
43 

5 

6 

6 

38 

41 

41 

3 

4 

3 


ORDER  OF  MEASURES  ON  BALLOT,  AND  LOCATION  IN  THIS  PAMPHLET. 

1.  Prohibition.  Initiative  measure  adding  Article  XXIV  to  Constitution ^ 

2.  Initiative  amendment  adding  Article  XXIV-A  to  Constitution 

3.  State  Highway  Act  of  1915.  Proposed  $15,000,000  bond  issue  ^ 

4.  Direct  Primary  Law.  Amendments  to  act  of  1913 

5.  Land  Taxation.  Initiative  measure  amending  Article  XIII  of  Constitution “-__7 

6.  Ineligibility  to  office.  Initiative  measure  amending  Section  19  of  Article  IV  of  Constitution 3 

7.  Amendment  to  State  Highway  Act  of  1909 44 


O 

SUMMARY  OF  MEASURES. 

(Total  number,  7.) 

CONSTITUTIONAL  AMENDMENTS  PROPOSED  BY  INITIATIVE  PETITION. 

Ineligibility  to  office  

Initiative  amendment  adding  Article  XXIV-A  to  Constitution 

Land  Taxation  

Prohibition  


MEASURES  PROPOSED  BY  LEGISLATURE. 

Amendment  to  Highway  Act  of  1909 

Highway  Act  of  1915 

ACT  OF  LEGISLATURE  SUBMITTED  TO  REFERENDUM. 
Direct  Primary  Law.  Amendments  to  act  of  1913 


RECAPITULATION. 

AMENDMENTS  TO  CONSTITUTION  BY  ARTICLES  AND  SECTIONS.  ^ 

Art.  IV,  Sec.  19.  (Amended.) — 38 

Art.  XIII.  (Amended.)  3 

Art.  XXIV.  (New.)  — 5 

Art.  XXIV-A.  (New.)  

BONDING  AND  HIGHWAY  PROPOSITIONS. 

44 

Amendment  to  Highway  Act  of  1909 “ 7 

Highway  Act  of  1915 

GENERAL  LAWS. 


Direct  Primary  Law. 

[Forty-six] 


11 


MANNER  IN  WHICH  PROPOSITIONS,  CONSTITUTIONAL  AMENDMENTS  AND  OTHER 


MEASURES  WILL  BE  DESIGNATED  AND  APPEAR  ON  THE  BALLOT. 

PROHIBITION.  Initiative  measure  adding  Article  XXIV  to  Constitution.  Defines  alcoholic 
i liquor.  After  January  1,  1920,  prohibits  the  manufacture,  sale  or  possession  of  same, 

except  for  medicinal,  sacramental,  scientific  and  mechanical  purposes  under  restrictions 
! prescribed  by  law.  Prescribes  and  authorizes  penalties.  Declares  payment  of  Internal 

\ Revenue  tax  prima  facie  evidence  of  violation.  Declares  this  amendment  shall  not  affect 
prohibitory  liquor  laws,  or  ordinances,  enacted  before  such  date,  or  be  construed  as  in 
conflict  with  Article  XXIV-A  of  Constitution  if  latter  article  is  adopted,  and  that  this 
amendment  supersedes  that  article  on  that  date. 

YES 

NO 

INITIATIVE  AMENDMENT  adding  Article  XXIV-A  to  Constitution.  Defines  alcoholic 
liquor;  after  January  1,  1918,  prohibits  its  possession,  gift  or  sale  in  saloon,  dramshop, 
dive,  store,  hotel,  restaurant,  club,  dance-hall  or  other  place  of  public  resort;  prohibits 
sale,  accepting  or  soliciting  orders  anywhere,  except  in  pharmacies  for  certain  purposes 

O a.n<^  ky  manufacturers  on  premises  where  manufactured,  under  delivery  and  quantity  restric- 
tions. Owner  or  manager  of  all  such  places  to  prevent  drinking  therein.  Restricts  trans- 
portation. Payment  Internal  Revenue  tax  prima  facie  evidence  of  violation.  Prescribes 
and  authorizes  penalties.  Neither  repeals  nor  limits  state  or  local  prohibition,  or  Article 
XXIV  of  Constitution. 

YES 

NO 

1 FOR  THE  STATE  HIGHWAY  ACT  OF  1915.  This  act  provides  for  the  issuance  and  sale 

| state  bonds  in  the  sum  of  $15,000,000  for  the  construction  of  the  uncompleted  portions 

ij  of  the  system  of  state  highways  prescribed  by  the  State  Highways  Act  of  1909  and  exten- 

j|  ^ sions  thereof;  and  prescribes  such  extensions,  and  character  of  construction  of  same. 

I AGAINST  THE  STATE  HIGHWAY  ACT  OF  1915. 

DIRECT  PRIMARY  LAW.  Submitted  to  electors  by  referendum.  Amends  provisions  of 

Direct  Primary  Law  of  1913  governing  nominations  at  primary  elections  so  as  to  permit 
declaration  of  party  affiliation  by  elector  at  polls  instead  of  when  registering;  prescribes 
j official  ballot  containing  names  of  all  candidates ; electors  declaring  at  polls  affiliation  with 
party  to  vote  for  candidates  of  that  party  only  and  for  present  non-partisan  offices,  electors 
not  so  declaring  to  vote  for  non-partisan  offices  only;  requires  election  officer,  before 
delivering  ballot  to  elector,  to  cancel  such  portion  thereof  as  elector  is  not  entitled  to  vote. 

YES 

NO 

| LAND  TAXATION.  Initiative  measure  effective  January  1,  1917,  amending  Article  XIII  of 
Constitution.  Declares  all  public  revenues  shall  be  raised  by  taxation  of  land  values, 
exclusive  of  improvements;  forbids  tax  or  charge  for  revenue  on  labor  product,  occupation, 
business  or  person;  permits  assessment  of  incomes  and  inheritances  for  old  age  pensions, 

C mothers’  endowments  and  workingmen’s  disemployment  and  disability  insurance.  Declares 

J land  shall  be  equally  assessed  according  to  its  value  for  use  or  occupancy,  disregarding 
man’s  work  thereon,  such  value  determinable  in  municipalities  and  wherever  else  prac- 
ticable by  “Somers  System”  or  other  means  of  exact  computation  from  central  locations. 

YES 

NO 

INELIGIBILITY  TO  OFFICE.  Initiative  measure  amending  Section  19  of  Article  IV  of 
Constitution.  Declares  that  no  Senator  or  Member  of  Assembly  shall,  during  the  term 
£ for  which  he  shall  have  been  elected,  hold  or  accept  any  office,  trust,  or  employment  under 
! W this  State;  provided  that  this  provision  shall  not  apply  to  any  office  filled  by  election  by 
the  people. 

YES 

NO 

FOR  THE  AMENDMENT  TO  THE  STATE  HIGHWAY  ACT.  Amends.  Section  8 of 
State  Highway  Act  of  1909  by  providing  that  whenever  state  engineering  department 
determines  that  construction  cost  of  state  highway  in  county  entails  unjust  burden  on  such 
county  in  refunding  to  state  entire  bond  interest  on  bond  proceeds  spent  therefor,  such 
county  shall  be  required  to  refund  only  such  portion  thereof  as  such  department  adjudges 
y reasonable.  Amendment  effective  December  31,  1916. 

AGAINST  THE  AMENDMENT  TO  THE  STATE  HIGHWAY  ACT. 

{Forty-seven] 


CERTIFICATE  OF  SECRETARY  OF  STATE. 

State  of  California,  Department  of 

Sacramento,  California. 

I,  Frank  C.  Jordan,  Secretary  of  State  of  the  State  of  California,  do  hereby  certify  that 
foregoing  seven  measures  will  be  submitted  to  the  electors  of  the  State  of  California  at  the 
election  to  be  held  throughout  the  State  on  the  seventh  day  of  November,  191G. 

Witness  my  hand  and  the  great  seal  of  State,  at  office  in  Sacramento,  California,  the 
fifth  day  of  September,  A.  D.  191G. 


DEPARTMENT  OF  STATE 

Robert  L.  Telfer,  Superintend* 
Sacramento,  California 


[Forty-eight] 


